Confiscation of essential commodity
Section 6A of the Essential Commodities Act, 1955 deals with confiscation of essential commodity. ] Where any [essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, [a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such [essential commodity is seized] and whether or no The Act came into force on 01 Apr 1955.
1[6A. Confiscation of essential commodity.-- 2[(1)] Where any 3[essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, 4[a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such 5[essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector 6[may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order 7[may order confiscation of--
(a) the essential commodity so seized;
(b) any package, covering or receptacle in which such essential commodity is found; and
(c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:]
Provided that without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section:
8[Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.]
8[(2) Where the Collector, on receiving a report of seizure or on inspection of any essential commodity under sub-section (1), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may--
(i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or
(ii) where no such price is fixed, order the same to be sold by public auction:
Provided that in case of foodgrains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State Government, as the case may be, for the retail sale of such foodgrains to the public.
(3) where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall--
(a) where no order or confiscation is ultimately passed by the Collector,
(b) where an order passed on appeal under sub-section (1) of section 6C so requires, or
(c) where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted,
be paid to the owner thereof or the person from whom it is seized.]
Section 6A, The Essential Commodities Act, 1955 (Act 10 of 1955).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mutyam Satyanarayana Reddy v. State of Andhra Pradesh
Court's Decision & Legal Precedent
Mere initiation/filing of a s.6A confiscation case is not by itself a sole ground to suspend Fair Price Shop authorisation; suspension set aside with liberty to conclude show-cause on other merits.
On this section: Limits collateral use of s.6A proceedings to cancel/suspend FPS authorisation.
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Raghuveer Rice Traders (with Shree Shakti Enterprises & Ors.) v. Controller of Ration & Ors.
Court's Decision & Legal Precedent
Clubbed batch (incl. WP 2501/2013 Raghuveer): confiscation orders set aside where s.6A/6B notices went to warehouse owner rather than traders and procedure was otherwise defective; goods releasable on bond of wholesale market value.
On this section: s.6A confiscation void for defective notice/procedure against traders.
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Agaram Hari Krishna & Ors. v. Joint Collector, Nellore & Anr.
Court's Decision & Legal Precedent
Where Joint Collector used “confiscation” language before completing s.6A enquiry, Court reads order as interim arrangement, directs full s.6A enquiry with opportunity, stays sale of seized rice, and permits vehicle release on security.
On this section: Clarifies interim disposal vs final s.6A confiscation and enquiry duty.
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Banas Oil Mills Pvt. Ltd. v. State of Gujarat
Court's Decision & Legal Precedent
s.6A confiscation order set aside where authority relied on witness statements and lab analysis without furnishing copies — denial of reasonable opportunity; remand for fresh s.6A inquiry on merits after full hearing.
On this section: Teaches that s.6A confiscation is void if built on undisclosed material.
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Yanamadala Sandeep vs The State of Telangana
Court's Decision & Legal Precedent
Where a fair price shop dealer allows another person to run the shop, such action does not constitute the criminal offence of breach of trust under Section 406 IPC or cheating under Section 420 IPC, as there is no entrustment of property or dominion over property by an official, and no dishonest intention or deception from inception. Administrative violations of Public Distribution System Control Orders do not automatically translate into criminal liability under the Indian Penal Code. Charges under non-existent statutory provisions (such as Section 490 IPC which was deleted in 1925) render the prosecution unsustainable and constitute abuse of process, warranting quashing of proceedings under Section 482 CrPC.
On this section: Court held that Section 6A is not a criminal offence provision but relates to civil proceedings before the Collector for confiscation of property under clandestine deals violating the Act and Control Orders
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CR J U D G M E N T The question emerges for consideration in this writ petition is, whether the District Collector is vested with powers under section 6A of the Essential Commodities Act, 1955 to impose fine without confiscation of essential commodity ? Brief material facts for the disposal of the writ petition are as follows; 2. Petitioner is a rice merchant in Palakkad. An inspection was conducted by the 3rd respondent i.e., the Taluk Supply Officer in the shop …
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… It is thus challenging the order passed by the 2 nd respondent, this writ petition is filed. 2. Having heard learned counsel for the petitioner and learned Senior Government Pleader and perusing the documents on record and pleadings put forth by the parties and on appreciation of Section 6A of the Essential Commodities Act, the adjudicating authority has to take a decision on the claim petition also following the procedure contemplated under Section 6B of the Act. Therefore, 2nd respondent is directed to take a decision, within one month from the date of receipt of a copy of this judgment, after …
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… Parallel to the criminal prosecution, the District Collector, Thiruvananthapuram initiated confiscation proceedings as regards the articles seized from the possession of the petitioner. Finally on 15.7.2009, the District Collector passed orders under Section 6A of the Essential Commodities Act confiscating the quantity of raw rice. 2. Aggrieved by the said confiscation order, the petitioner approached this Court with writ petition No.21272 of 2009. It is submitted that the said writ proceeding is pending. The petitioner brought this petition under Article 227 of the …
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 6A
What have the courts held on Section 6A of the Essential Commodities Act?
Mutyam Satyanarayana Reddy v. State of Andhra Pradesh (03 Mar 2017) is the leading judgment on this section among those set out below: Limits collateral use of s.6A proceedings to cancel/suspend FPS authorisation. Another 4 judgments on this section are set out below. They run from 2000 to 2017.
How do I find court cases under Section 6A of the Essential Commodities Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Essential Commodities Act 6A, section 6A Essential Commodities Act, section 6A of the Essential Commodities Act. People searching for it also type essential commodities act 1955 section 6a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Mutyam Satyanarayana Reddy v. State of Andhra Pradesh (03 Mar 2017).
What should I read with Section 6A of the Essential Commodities Act, and has it changed?
Its own text turns on section 3 (Powers to control production, supply, distribution, etc., of essential commodities), section 6C (Appeal), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. 4 instruments name it without being made under it, most recently Haryana Targeted Public Distribution System (Licensing and Control) Order ,2022 (2022), then THE FERTILISER (CONTROL) ORDER 1985 (1985).
When did Section 6A of the Essential Commodities Act come into force?
Section 6A of the Essential Commodities Act, cited as Essential Commodities Act 6A, came into force on 01 Apr 1955, having been enacted on 01 Apr 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Powers to control production, supply, distribution, etc., of essential commodities3328 words
- 12A. Power to try summarily760 words
- 7A. Power of Central Government to recover certain amounts as arrears of land revenue565 words
- 7. Penalties524 words
- 2. Definitions416 words
- 6B. Issue of show cause notice before confiscation of food grains, etc273 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.