Madras High Court
The State vs Vaikundaraja on 9 December, 2016
Author: P.Kalaiyarasan
Bench: P.Kalaiyarasan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.12.2016
CORAM
THE HONOURABLE MR.JUSTICE P.KALAIYARASAN
Criminal Original Petition (MD) No.6847 of 2010
1.The State
District Revenue Officer,
Virudhunagar District,
Virudhunagar.
2.The Inspector of Police,
Civil Supplied CID
Virudhunagar District .. Petitioners
Vs.
1.Vaikundaraja
2.Sridhar .. Respondents
Prayer : Criminal original petition filed under Section 482 of Cr.P.C., to
set aside the judgment dated 11.12.2009 in C.A.No.79 of 2009 on the file of
the Principal Sessions Judge, Virudhunagar District at Srivilliputhur,
reducing the amount of the fine imposed for lorry alone from Rs.4,18,520/- to
Rs.25,000/- which was calculated by 11950 kgs x Rs.35 per kg which amount to
Rs.4,18,250/- as ordered in R.Cs2/13842/2009 dated 23.07.2009 on the file of
the District Revenue Officer, Virudhunagar District and also confirm the
order issued in Roc.Cs2/13842/2009 dated 23.07.2009 on the file of the
District Revenue Officer, Virudhunagar District for the lorry and impose the
amount of Rs.4,18,520/-.
!For petitioner : Mr.Anbasaru, G.A. (Crl. Side)
^For Respondents : Mr.T.Lenin Kumar
:ORDER
This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, praying to set aside the judgment dated 11.12.2009 in C.A.No.79 of 2009 on the file of the learned Principal Sessions Judge, Virudhunagar at Srivilliputhur, reducing the fine amount imposed for lorry alone from Rs.4,15,520/- to Rs.25,000/-.
2.A lorry bearing Registration No.KL 11 G 342 was found carrying the PDS rice of 11950 kgs by the Taluk Supply Officer, Srivilliputhur with the help of Civil Supplies CID, Virudhunagar District. Since the PDS rice was smuggled in the lorry, a case was registered by CSCID in Crime No.67 of 2009 under Section 6(4) of TNSC (RDCS) order 1982 read with 7(1)(a)(ii) of EC Act 1955 against three persons. The District Revenue Officer, on the basis of the documentary evidence passed orders confiscating PDS rice and also ordered the lorry owner to pay a sum of Rs.4,18,520/- as fine (which is calculated as 11950kgs x Rs.35/-). Aggrieved by the order of the District Revenue Officer, an appeal was preferred by two of the accused under Section 6(c) of Essential Commodities Act, in C.A.No.79 of 2009 before the Principal Sessions Court, Virudhunagar District at Srivilliputhur. In the criminal appeal, the Principal Sessions Judge, reduced the amount of fine imposed for lorry from Rs.4,18,520/- to Rs.25,000/-. Therefore, the Inspector of Police, has come forward with this criminal original petition, praying to set aside the order of the Principal Sessions Judge, with respect to reduction of fine.
3.The learned Government Advocate (criminal side) contends that the order of the District Revenue Officer, directing the owner of the vehicle to pay Rs.4,18,520/-, calculating 11950 kgs x Rs.35/-in stead of confiscating the vehicle, in which, the PDS rice was transported is very reasonable and the interference of the Sessions Judge, by reducing to Rs.25,000/- is not correct and therefore, the order of the Principal Sessions Judge is to be set aside.
4.The learned counsel for the respondents, per contra, contends that under Section 6(B) of Essential Commodities Act, 1955, the owner of the vehicle pleaded that he had no knowledge about the transport of PDS rice and after considering the same, the learned sessions Judge reduced the amount to Rs.25,000/- and the order of the learned sessions Judge does not warrant any interference. Section 6(B) of Essential Commodities Act, 1955 provides that no order of confiscation of the vehicle shall be made, if the owner proves to the satisfaction of the authority that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself or his agent.
5.The learned Principal Sessions Judge, in para 16 of his judgment, has discussed that the owner had no knowledge about the transportation of essential commodity viz., PDS rice. After considering the entire facts and circumstances of the case, the learned Principal Sessions Judge reduced the fine amount from Rs.4,18,250/- to Rs.25,000/-, which was imposed under Section 6(a)(c) of the Essential Commodities Act, 1955. The learned Principal Sessions Judge, after considering the facts and provisions of law, has rightly reduced the fine amount under Section 6(a)(c) of the Act instead of confiscating the lorry, in which, essential commodities was transported and this Court does not find any reason to interfere with the same.
6.Accordingly, this criminal original petition is dismissed.
To The Principal Sessions Judge, Virudhunagar District at Srivilliputhur..