EX OFFICIO SECRETARY TO GOVERNMENT CO OPERATION FOOD AND CONSUMER PROTECTION DEPT Vs. S M SHEIK MOHAMMED

JUDGEMENT

(1.) THE above writ appeal is directed against the order dated 24. 09. 1999 made in W. P. No. 6328 of 1992,` wherein the learned single Judge partly allowed the writ petition and reduced the fine amount imposed on the petitioner from Rs. 25,364/- to that of Rs. 1,000/ -. In the same order, the learned single judge has permitted the writ petitioner to pay the said amount of Rs. 1,000/- at the rate of Rs. 200/- in five instalments with effect from November, 1999 onwards. Questioning the said order, the Government and their Officers have filed the above writ appeal.

(2.) HEARD the learned Government Advocate for the appellants. No one appeared for the respondent.

(3.) IT is seen that against the order of the District Collector, confiscating the entire 201 bags of paddy seized and imposing a fine of Rs. 25,364/- on the owner of the lorry, in lieu of his confiscation, a joint appeal has been filed before the Government. By G. O. Ms. No. 140, Co-operation, Food and Consumer Protection Department, dated 23. 02. 1989, the Government, after considering the claim of the parties and after verifying the documents/materials and finding that the offence alleged i. e. , the transport of paddy in a lorry is fully established and finding no reason to interfere with the decision of the Collector, has confirmed the order of the Collector, Trichirapalli and dismissed the appeal. Questioning the said order, the owner of the lorry bearing registration No. TNX 1305 has filed W. P. No. 6328 of 1992 before this Court.