- (1.) This is a petition to revise the order of the Sessions Judge, Chittoor in Crl. A. No. 32 of 1970 confirming the order of the District Revenue Officer, Chittoor directing confiscation of the goods belonging to the petitioner under section 6 (c) (1) of the Essential Commodities Act.
(2.) On 11th August, 1969, the Deputy Superintendent of Police, Vigilance Cell, Civil Supplies, Chittoor found a lorry M.D.J. 2550 at Balijakandriga hamlet of Krishnajammapuram in the border area of Andhra Pradesh, proceeding towards R.K. Pet of Tamil Nadu. On detaining the lorry he found that it was loaded with 4.30 quintals of Sajja, 18 quintals of ragi, 1.74 quintals of Jowar and 4.50 quintals of paddy. As they had no permit for transporting foodgrains or a permit for taking them to Tamil Nadu, the Deputy Superintendent of Police considered that them was violation of Clause 3 (a) of the Southern States (Regulation of Export of Rice) Order, 1964 and clauses 3 and 4 of the Andhra Pradesh Coarse Grains (Export Control) Order, 1965, both punishable under section 7 (1) of the Essential Commodities Act and seized the goods and laid information before the District Revenue Officer for confiscation of the goods as per the provisions of section 6 (a) of the Essential Commodities Act.The owner of the goods one P.K.. Natesa Mudali claimed that the seizure was at a mile away from the Andhra Pradesh State, that he is an agriculturist, that the transport of foodgrains was from a place in Tamil Nadu Proddaturpet, to another place, Ammur in North Arcot District also in Tamil Nadu at a distance of 20 miles from Athimanjeripet and therefoie, no offence has been committed. Both the grounds have been held against him and thers was an order directing confiscation. This was confirmed by the District Judge in Appeal. Hence this petition.
(3.) The contention that the lorry was stopped and the grain was seized about a mile away from the border in Andhra Pradesh is not now pressed. It is only urged that as the goods were being carried from one place to another place in Tamil Nadu and were only passings through a certain area in Andhra Pradesh while in transit, no offence is committed.;