Distinguish between 'seizure' and 'confiscation' of an essential commodity under the Essential Commodities Act, 1955.

CS Executive · Economic and Commercial Laws · PYQS · June 2016
Distinguish between 'seizure' and 'confiscation' of an essential commodity under the Essential Commodities Act, 1955.

Answer & Explanation:

The general distinction between confiscation and seizure, in the context of the Essential Commodities Act, 1955 it could be seen that an essential commodity which has been seized, could be confiscated. Therefore, confiscation is an action posterior to the seizure of the essential commodity. A commodity that has not been seized cannot be confiscated. Seizure itself does not imply confiscation. The seizure should have been made by virtue of an order passed under Section 3 of the Essential Commodities Act. Section 3 of the Essential Commodities Act, empowers the Government to make an order for seizure of any essential commodity if an order made by the Central Government controlling production, supply, distribution etc. of essential commodities has been or is about to be contravened. Therefore, any contravention or intended contravention of an order passed by the Government under the Act may lead to seizure, and under the circumstances mentioned in Section 6A such seized commodity could be confiscated.

Topics: Essential Commodities Act, 1955

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