Attempts and abetment

Section 8 of the Essential Commodities Act deals with attempts and abetment. Subs. by Act 36 of 1967, s. 5, for "they are seized" (w.e.f.

Subs. by Act 36 of 1967, s. 5, for "they are seized" (w.e.f. 30-12-1967).

(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. 1[(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.] 2[(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.] 6C. Appeal .- (1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.

(2) Where an order under section 6A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to "[return the essential commodity seized ], 4[such persons shall, except except as provided by sub-section (3) of section 6A, be paid] the price therefore "[as if the essential commodity,] had been sold to the Government with reasonable interest calculated from the day of the seizure of '[the essential commodity] "[and such price shall be determined- (i) in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3;

(ii) in the case of sugar, in accordance with the provisions of subsection (3C) of section 3 ; and (iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3. ] 6D. Award of confiscation not to interfere with other punishments .- The award of any confiscation under this Act by the Collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.] 8[6E. Bar of jurisdiction in certain cases .- Whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under section 6A, the Collector, or, as the case may be, the State Government concerned under section 6C shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the 1. Ins. by Act 30 0f 1974, s. 5 (w.e.f. 22-6-1974).) 2. Ins. by Act 92 of 1976, s. 5 (w.e.f. 2-9-1976). 3. Subs. by Act 36 of 1967, s. 6, for "return the foodgrains or edible oilseeds or edible oils seized" (w.e.f. 30-12-1967). 4. Subs. by Act 92 of 1976, s. 6, for "such person shall be paid". 5. Subs. by Act 36 of 1967, s. 6, for "as if the foodgrains, edible oilseeds or edible oils, as the case may be," (w.e.f. 30-12-1967). 6. Subs. by s. 6, ibid., for "articles" (w.e.f. 30-12-1967). 7. Subs. by s. 6, ibid., for "and such price shall be determined in accordance with the provisions of sub-section (3B) of section 3. (w.e.f. 30-12-1967).

Section 8, The Essential Commodities Act (Act 10 of 1955).