Madras High Court
R.Ramachandran vs The District Revenue Officer on 7 August, 2017
Author: V.Bharathidasan
Bench: V.Bharathidasan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017 CORAM THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C(MD).No.637 of 2012 and M.P.(MD)No.3 of 2012 R.Ramachandran ... Petitioner -Vs- 1.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli. 2.The Inspector of Police, CSCID, Tiruchirappalli. ... Respondents Prayer : Criminal Revision Case filed under Section 397 and 401 of the Code of Criminal Procedure, praying to allow this appeal and set aside the Judgement passed in Criminal Appeal in C.A.No.102 of 2010 on the file of the Additional District Judge (Fast Track court No.1), Tiruchirappalli dated 12.01.2012 confirming the order passed in Na.Ka.S2/39836/2007 dated 12.07.2010 on the file of the District Revenue Officer, Tiruchirappalli. !For Petitioner : Mr.N.Sudhagar Nagaraj ^For Respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor :ORDER
This Criminal Revision Case has been filed by the petitioner, challenging the order dated 12.01.2012, passed under Section 6-C of Essential Commodities Act, 1955, directing the petitioner herein to pay a fine of Rs.1,43,000/-(Rupees One Lakh and Forty Three Thousand only). Aggrieved against the same, the petitioner, who is the owner of the vehicle has filed this Criminal Revision Petition.
2. The case of the petitioner is that on 07.08.2007, while the second respondent police was on a inspection, a lorry bearing registration No.TMG 6729 was coming from Perambalur to Thuraiyur. When the said lorry was intercepted and inspected, it was found that the vehicle was carrying 250 bags of PDS rice. The above said PDS rice had been transported without any proper bill. Then the lorry was seized. A proceeding under Section 6A of the Act has been initiated and a notice has been issued under Section 6-B of Essential Commodities Act, 1955. After conducting enquiry, the first respondent / District Revenue Officer, Tiruchirappalli confiscated the entire rice and also imposed a fine of Rs.1,43,000/-(Rupees One Lakh and Forty Three Thousand only) on the owner of the lorry. Challenging the same, the appeal was filed and the Appellate authority also confirmed the same and dismissed the appeal. Challenging the same, the present Criminal Revision has been filed.
3. Heard Mr.N.Sudhagar Nagaraj, learned counsel for the petitioner and Mr.C.Mayilvahana Rajendran, learned Additional Public Prosecutor for the respondents and perused the records carefully.
4. It is an admitted fact that the lorry has been carrying 260 bags of PDS rice without any proper bill. The owner of the lorry contended that without his knowledge, the driver of the vehicle transported the PDS rice, meant for public distribution and he has no connection with the rice transported. The authority, after considering the entire materials came to a conclusion that the lorry has transported PDS rice without proper authorization and confiscated the rice and imposed fine imposed fine on the petitioner. Then an appeal has been filed by the petitioner and the Appellate authority after considering the entire materials had dismissed the appeal.
5. The petitioner, the owner of the lorry contended that the driver of the lorry has transported the PDS rice without his knowledge, being owner of the lorry cannot escape from his liability pleading ignorance. Since the violation was proved, the trial Court directed the petitioner to pay fine amount under Section 6-A of Essential Commodities Act, 1955. As per the said provision, the fine amount should not exceed the market value of the commodity. Since from the materials available on record, the actual value of the confiscated rice could not be found out. Hence, I am inclined to modify the fine amount, and the fine amount is modified to a sum of Rs.1,00,000/-(Rupees One lakh only).
6. Since the petitioner has already paid a sum of Rs.60,000/- (Rupees Sixty Thousand only) pursuant to the order passed by this Court, the petitioner is directed to pay the remaining fine amount of Rs.40,000/-(Rupees Forty Thousand only) within a period of six weeks from the date of receipt of a copy of this Order.
7. In the result, this Criminal Revision Case is partly allowed. Consequently, the connected Miscellaneous Petition is closed.
To
1.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.
2.The Inspector of Police, CSCID, Tiruchirappalli.
3.The Additional District Judge (Fast Track court No.1), Tiruchirappalli.
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