Explain Seizure and Confiscation under the Essential Commodities Act, 1955.

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2018
Explain Seizure and Confiscation under the Essential Commodities Act, 1955.

Answer & Explanation:

The Essential Commodities Act, 1955 uses the expressions 'confiscation' and 'seizure' in Section 6A. Under this section, a commodity which has been seized in pursuance of an order under Section 3 can be confiscated under the circumstances mentioned in Section 6A. Therefore, confiscation is an action posterior to the seizure of the essential commodity. Seizure: The expression 'seizure' means to take possession contrary to the wishes of the owner of the property and that such action is unilateral action of the person seizing. The person from whom anything is seized loses, from the moment of seizure, the right or power to control or regulate the use of that thing. Confiscation: Confiscation is condemnation and adjudication of property to the public treasury the goods that are seized. It is a legal process by which property is transferred to the state as a penalty for a crime or violation of law.

Topics: Essential Commodities Act, 1955

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