Essential Commodities Cannot Be Confiscated Without Giving A Notice And Opportunity Of Hearing Under Section 6B Of EC Act: Andhra Pradesh HC

The case of the petitioner was that they were the owners of the seized rice and lorry respectively. The petitioner was dealer in food grains and he purchased paddy and converted it into rice. While he was transporting the same with e-way bills through the subject lorry, the same was seized along with lorry alleging that the subject rice was Public Distribution System (PDS) rice. The petitioners filed a petition with the respondent seeking release of the seized rice along with lorry by enclosing all the necessary documents but without taking the same into consideration, the respondent passed an order ordering confiscation of the seized stock to the Government.

Subsequently, the petitioner filed the Writ Petition questioning the seizure of 160 bags of raw rice with lorry and direction to dispose of the seized stock in public auction and direction to petitioner to deposit Rs. 2,13,750/- for release of seized lorry as arbitrary and illegal.

The counsel for petitioner contended that no notice under Section 6B of Essential Commodities Act, 1955 was issued to the first petitioner before passing the orders confiscating the seized stock. Section 6B provides that no order confiscating any essential commodity package shall be made unless such person from whom it is seized is given a notice informing him of the grounds on which it was proposed to confiscate and is given an opportunity of making a representation against the ground of confiscation.

The Government Pleader submitted that no notice was issued to the first petitioner before passing the confiscation orders.

It was clear that notice under Section 6B of the Essential Commodities Act was not issued to the petitioner and thus, the proceeding confiscating the stock was set aside. The respondents were directed to pass appropriate orders on the application filed by the petitioner seeking release of the seized stock.

The Writ Petition was disposed of with no order as to costs.

Case Title : Dommaraju Vinay, Versus The State of A.P.

Citation : 2022 LiveLaw (AP) 50

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