Section 6-A
[ 21 6-A CONFISCATION OF ESSENTIAL COMMODITY.

[ 22 (1) 22 ] Where any [ 23 essential Commodity is seized 23 ] in
pursuance of an order made under Sec. 3 in relation thereto.
[ 24 a report of such seizure shall, without unreasonable
delay, be made to 24 ], the Collector of the district or the
Presidency-town in which such [ 25 essential commodity is
seized 25 ] and whether or not a prosecution is instituted for
the contravention of such order, the Collector [ 26 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 26 ] that there has been a contravention of
the order [ 27 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 : 27 ]

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 Sec.
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 :

[ 28 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 28 ].

[ 29 (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 :

[ 30 Provided that in the case of any such essential commodity
the retail sale price whereof has been fixed by the Central
Government or a State Government under this Act or under any
other law for the time being in force, 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 so fixed. 30 ]

(3) Where any essential commodity is sold, as aforesaid, the
sale proceeds thereof, after deduction of the expenses of
any such sate or auction or other incidental expenses
relating thereto, shall, -

(a) where no order of confiscation is ultimately passed by
the Collector,

(b) where an order passed on appeal under sub-section (1) of
Sec. 6-C 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 or the person from whom it is
seized. 29 ]