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IN THE HIGH COURT OF ANDHRA PRADESH
Dr. Justice Y. Lakshmana Rao, J
Sadguru Sai Traders – Appellant
Versus
State Of A.P. – Respondent
COMMON ORDER:
The revisions (12) twelve in number have been preferred under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C .,’) challenging the orders passed by the learned Principal Sessions Judge, Kurnool whereby and whereunder the orders of the confiscation passed by the learned District Collector and District Magistrate, Kurnool, under Section 6-A of the Essential Commodities Act, 1951 (for short ‘the E.C. Act.’) are confirmed. 10% of the excess stock of paddy stored in M/s. Kothapalli Farmers Ware House, Kothapalli Metta Village was confiscated while releasing 90% of the excess stock of paddy to the farmers with a direction to them to dispose the same in the open market within one week from the date of receipt of the order.
2. All the revisions have arisen out of the same or similar causes of action, therefore, they are heard and decided by this common order.
3. Briefly stated, the Deputy Tahsildar, Nandyal, Kurnool District, on receipt of credible information that some of the Benami traders of the surrounding areas of Nandyal were hoarding huge stocks of paddy at Kothapalli Farmers Warehouse, Kothapalli Metta Village, Nandyal Mandal by purcha
Confiscation orders under the Essential Commodities Act are invalid if the statutory procedure, including notice and opportunity to be heard, is not followed.
Confiscation orders under the Essential Commodities Act are invalid if statutory notice and inquiry requirements are not met, violating principles of natural justice.
Confiscation of Vehicle - An order of confiscation has very serious civil consequences for person whose property is confiscated. Every citizen has a right to his property, guaranteed by Article 300-A....
An acquittal in criminal trials does not invoke the compensation provisions of the Essential Commodities Act if the statutory pre-conditions for such compensation are unmet.
The court reaffirmed the importance of following procedural safeguards in administrative actions under the Essential Commodities Act, particularly the necessity of notice and opportunity to be heard ....
An application for release of a seized vehicle under Section 451 Cr.P.C. during pendency of confiscation proceedings under Section 6A of the Essential Commodities Act is not maintainable before the M....
The court established that an application for release of a seized vehicle during the pendency of confiscation proceedings under Section 6A of The Essential Commodities Act is not maintainable before ....
The court affirmed that proper procedural adherence under the Essential Commodities Act is essential for confiscation, and failure to comply with licensing conditions justifies such actions.
Special Acts like The Essential Commodities Act prevail over general provisions of Cr.P.C. regarding confiscation.
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