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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI
Mahajan Sachin – Appellant
Versus
State of Telangana – Respondent
ORDER :
JUVVADI SRIDEVI, J.
The Criminal Revision Case No.3076 of 2018 is filed by the petitioner-driver of TATA Ace seeking to set aside the Common Judgment dated 28.09.2018 in Criminal Appeal Nos.6 and 21 of 2018 (for short ‘impugned Judgment) passed by the learned Sessions Judge at Nizamabad (for short ‘learned appellate Court’) wherein the Order dated 04.01.2018 in Case No. CS6/211/2017-1 passed by the learned District Collector, Nizamabad (FAC) (for short ‘the learned District Collector’), was modified by reducing the confiscation from 100% value of entire seized stocks to confiscation of 40% of the value.
02. The Criminal Revision Case No.3080 of 2018 is filed by the petitioner-owner of the rice mill seeking to set aside impugned Judgment passed by the learned appellate Court wherein the Order dated 04.01.2018 in Case No. CS6/211/2017-1 passed by the learned District Collector, was modified by reducing the penalty imposed from Rs.1,50,000/- to Rs.20,000/-.
03. These Criminal Revision Cases are arising out of the same impugned Judgment and subject matter involved in both the matters is one and the same, thereby, these matters are being disposed of by way of a Common Order.
04. Hear
Confiscation of essential commodities requires concrete evidence of illegal activity; without such evidence, penalties and confiscation orders are unlawful.
The main legal point established in the judgment is that 'rice' is considered an essential commodity under the Essential Commodities Act, 1955, and is subject to seizure and confiscation under Sectio....
The exercise of writ jurisdiction is inappropriate when statutory proceedings are pending, particularly in cases involving conflicting evidence and public interest.
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