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 Sl. No.  Particulars of expenditure                            Amount (in Rupees)
1.       Premia paid on LIC policy bearing No.36956096 for         3,548.50.
an assured sum of Rs.5000/- of A.O.

2.       Premia paid on LIC policy bearing No.36959142 for         4,702.20
an assured sum of Rs.10,000/- of A.O.

3.       Expenditure of phone bearing No.1639 in the name          8,719.70
of son of A.O., in Eluru.

4.       Expenditure on electricity bills of the A.O to his        5,564.00
house at Eluru

5.       Expenditure of Vespa PL: 170 booking                       500.00

6.       Expenditure on Daughter's marriage.                      8,500.00

7.       Expenditure towards registration of documents              763.00
No.2808/82 and 483/82 house sited in NGO's
colony Eluru.

8.       Registration expenses vide document No.6006/82 and         895.00
7887/82 of 1.50 Ac of wet land in favour of A.O.

9.       Registration expenses vide document No.6064/82 and         895.00
7885/82 in favour of Smt.Lakshmi w/o A.O.

10.      Registration expenses vide document No.7871/82 in          555.00
favour of w/o A.O.

11.      Registration expenses vide document No.1859/82 in        3,678.00
favour of w/o A.O.

12.      Registration expenses vide document No.1770/82 house     1,317.00
site in favour of wife Smt.K.Lakshmi w/o A.O.

13.      Registration expenses vide document No.1671/79 of house    265.00
in favour of wife Smt.K.Laxmi in Gowravaram

14.      Registration expenses vide document No.2333/80 of house    183.50
site in Bheramguda in the name of Smt.K.Lakshmi.

15.      Registration expenses vide document No.6120/82 in the    6,120.80
name of K.V.J.Rao 1st son of A.O., wet land at Duggirala

16.      Registration expenses vide document No.1672/79 of house    265.50
site at Gowravaram in favour of K.V.Janardan 3rd son
of A.O.

17.      Registration expenses vide document No.2336/80 in favour   183.50
of K.V.Janardhan 1st son of A.O., at Bheramguda
R.R.District.

18.      Registration expenses vide document No.240/80 in favour    280.00
of K.Srinivas 2ns son of A.O. in Gowravaram

19.      Registration expenses vide document No.6198/82             895.00
and 7888/82 of wet land in Duggirala in favour of
K.Sruinivas 2nd son of A.O.

20.      Registration expenses vide document No.479/80 house at     150.00
Gowravaram in favour of K.Chandrasekhar- bose 3rd son
of A.O.

21.      Registration expenses vide document No.6233/82             895.00
and 7886/82 of wet land in favour of 3rd son of A.O.,
at Duggirala village.

22.      Registration expenses vide document No.4871/75           5,008.00
and 4872/75 house sites in favour of relatives in Eluru.

23.      Expenditure on education of eldest son of A.O            1,263.00
(K.V.Janardhan Rao)

24.      Expenditure on registration fee and security deposit     1,015.00
paid to CTO Eluru

25.      Taxes paid to the Commercial Tax Department              1,066.00

26.      (a,b) Municipal Tax expenditure 3,815  +  7,492.75 = Rs.11,307.75

27.      Expenditure towards income tax during the check period.    660.00

Total Rs.73,711.45

45. The Special Judge for SPE & ACB Cases, apart from imposing a fine of Rs.30,000/-, directed to sell away asset Nos.1 and 2 and the consequent sale proceeds of the said items 1 and 2 to be confiscated to the State. In so far as the said direction is concerned, though the learned counsel appearing for the accused advanced elaborate arguments contending that the assets cannot directed to be confiscated, but only the dis-proportionate amount that was arrived only is liable to be confiscated. Though, I have rejected similar contention in other Judgment dated 12-12-2003 in Criminal Appeal No. 14 of 1998, I am of the view that in this particular case, the asset Nos.1 and 2 cannot be confiscated for the reason that it is not the case of the prosecution that these two assets are purely acquired from out of the pecuniary unknown sources income of the accused. Item No.1 is concerned, the accused was a member of Eluru NGO's Co-operative House Building Society from 1978 onwards and the society allotted the site in plot No.11 in NGO's Colony Amenapeta, Eluru, admeasuring 337 Sq.yards for Rs.3,010/- in favour of the accused. Admittedly, the accused constructed a building in the said site during the year 1978-79. It is not the case of the prosecution that the accused was not having the pecuniary sources of his income to purchase the said plot for a meager amount of Rs.3,010/. Admittedly, the accused was having considerable savings as on the date of purchase and as on the date of construction of the said building. Therefore, it cannot be said that the entire item No.1 is acquired from the pecuniary unknown resources of income of the accused and therefore, I am of the view that the said item No.1 cannot be confiscated.