Krishna was carrying certain goods in his vehicle which were prohibited by the concerned State Government under the Essential Commodities Act, 1955. Hence, the goods were seized by the Competent Authority and subsequentl
CS Executive · Economic and Commercial Laws · PYQS · December 2019
Krishna was carrying certain goods in his vehicle which were prohibited by the concerned State Government under the Essential Commodities Act, 1955. Hence, the goods were seized by the Competent Authority and subsequently the said goods were confiscated by the Collector of the District, after giving comprehensive opportunity to Krishna, the owner of the goods, of being heard. Now Krishna desires to get back his goods. Advise, in the light of the provisions of the Essential Commodities Act, 1955.
Answer & Explanation:
In the light of the provisions of the Essential Commodities Act, 1955, Krishna has a remedy available to him against the confiscation order. Right to Appeal (Section 6C of the Essential Commodities Act, 1955): Any person aggrieved by an order of confiscation under Section 6A of the Act may prefer an appeal to the concerned State Government. This appeal must be filed within one month from the date of passing the order. Procedure for Appeal: The State Government shall give an opportunity to the appellant (Krishna) to be heard. After hearing, the State Government shall pass such order as it may think fit, confirming, modifying or annulling the order appealed against. Consequences if Appeal is Decided in Favour of Appellant: If the appeal has been decided in favour of Krishna, he is entitled to the possession of the confiscated goods. If it is not possible for any reason to return the essential commodity seized from him, such person shall be paid the price thereof as if the essential commodity had been sold to the Government with reasonable interest calculated from the day of seizure of the essential commodity. Advice to Krishna: Krishna may appeal to the concerned State Government against the Collector's confiscation order within one month from the date of the order, as per Section 6C of the Essential Commodities Act, 1955.
Topics: Essential Commodities Act, 1955
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