Issue of show cause notice before confiscation of food grains, etc
Section 6B of the Essential Commodities Act, 1955 deals with issue of show cause notice before confiscation of food grains, etc. ] No order confiscating [any [essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance] shall be made under section 6A unless the owner of such [essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person from The Act came into force on 01 Apr 1955.
1[6B. Issue of show cause notice before confiscation of food grains, etc.--3[(1)] No order confiscating 4[any 5[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance] shall be made under section 6A unless the owner of such 2[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person from whom 6[it is seized]--
(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 6[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance;]
(b) is given an opportunity of making a presentation in wiring within such reasonable time as may be specified in the notice against the ground of confiscation; and
(c) is given a reasonable opportunity of being heard in the matter.
7[(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.]
8[(3) No order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice, given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with.]]
Section 6B, 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.
This section refers to
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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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.6B notice must name the affected trader, not only warehouse.
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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: Protects s.6B show-cause sequencing relative to s.6A.
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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: s.6B show-cause/hearing content defined as disclosure of relied materials.
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.
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 6B
What have the courts held on Section 6B of the Essential Commodities Act?
Raghuveer Rice Traders (with Shree Shakti Enterprises & Ors.) v. Controller of Ration & Ors. (30 Jul 2013) is the leading judgment on this section among those set out below: s.6B notice must name the affected trader, not only warehouse. Another 2 judgments on this section are set out below. They run from 2000 to 2013.
How do I find court cases under Section 6B 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 6B, section 6B Essential Commodities Act, section 6B of the Essential Commodities Act. People searching for it also type section 6b of essential commodities act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Raghuveer Rice Traders (with Shree Shakti Enterprises & Ors.) v. Controller of Ration & Ors. (30 Jul 2013).
What should I read with Section 6B of the Essential Commodities Act, and has it changed?
Its own text turns on section 6A (Confiscation of essential commodity), so none of them can safely be read on its own. 2 instruments name it without being made under it, most recently THE FERTILISER (CONTROL) ORDER 1985 (1985), then THE FERTILISER (CONTROL) ORDER 1985 (1985).
When did Section 6B of the Essential Commodities Act come into force?
Section 6B of the Essential Commodities Act, cited as Essential Commodities Act 6B, 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
- 6A. Confiscation of essential commodity530 words
- 7. Penalties524 words
- 2. Definitions416 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 19 Oct 2026. This page is not a substitute for legal advice.