Distinguish between seizure and confiscation as stated in Essential Commodities Act, 1955.

CS Executive · Economic and Commercial Laws · PYQS · December 2020
Distinguish between seizure and confiscation as stated in Essential Commodities Act, 1955.

Answer & Explanation:

Essential Commodities Act, 1955 uses the expressions 'confiscation' and 'seizure' in Section 6A and 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. 'Confiscation' according to Wharton's Law Lexicon, is condemnation and adjudication of property to the public treasury as of goods seized under the Customs Act. Confiscation, according to Stroud's judicial Dictionary, must be an act done in some way on the part of the Government of the country where it takes place and in some way beneficial to that Government, though the proceeds may not strictly speaking be brought into its treasury. The expression 'seize' 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.

Topics: Essential Commodities Act

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