Section 5(2) in The Essential Commodities (Maharashtra Amendment) Act, 1975
(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 such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to do, he may order the same to be sold at the controlled price, if any, fixed under any for the time being in force, or where no such price is fixed, by auction :Provided that, in the case of foodgrains where there is no controlled price, the Collector may order the foodgrains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government, as the case may be, for the sale of such foodgrains to the public through these shops :Provided further that, whenever it is practicable so to do, have regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction.
