2013 under Section 3 of the Essential
Commodities Act, 1955 (in short "the Act"). On completion of
investigation, the petitioner was chargesheeted ... present petitioner as
according to the petitioner, the second FIR under Essential
Commodities Act is in violation of Article 20(2) of the
Constitution
offence, it
tantamount to breach of Section 3 of the Essential Commodities Act,
1955. Therefore offence punishable under Section 7 of the Essential
Commodities Act ... passed by the trial court. The offence is essentially under
the Essential Commodities Act and looking to the nature of offence,
the benefit of grant
sections 3 and 7 of the Essential Commodities Act, 1955.
4. The petitioner preferred an application in the Court of the
learned Magistrate for releasing ... till date neither
confiscation proceedings nor any proceeding under the Essential
Commodities Act has been initiated and hence, no useful purpose
Page
commodities essential to
the community" means-
(a) committing or instigating any person to commit
any offence punishable under the Essential
Commodities Act ... commodity essential to
the community; or
(b) dealing in any commodity--
(i) which is an essential commodity as defined in the
Essential Commodities Act
Prevention of the Black Marketing and
Maintenance of Supplies of Essential Commodities
Act, 1980 (hereinafter referred to as "the PBM Act ... commodity essential to
the community; or
(b) dealing in any commodity--
(i) which is an essential commodity as defined in the
Essential Commodities Act
supply to the commodities essential to the
commodities which action defeat or tend to defeat the
provisions of Essential Commodities Act and rules
thereunder ... commodity essential to
the community; or
(b) dealing in any commodity--
(i) which is an essential commodity as defined in the
Essential Commodities Act
Ahmedabad in exercise of powers under Section 6-A of the
Essential Commodities Act, 1955.
Page 1 of 8
Uploaded by SAJ GEORGE(HC01069 ... applicant on 5.5.2014 under
Section 6-A of the Essential Commodities Act by the
Additional Collector asking for response as to why the stock
should
notice, whether the commodity in question was
covered within the definition of "essential commodity" under
the Essential Commodities Act, 1955 . It was further ... oils
did not fall within the ambit of essential commodities as
defined under the Essential Commodities Act, 1955 .
Therefore, on the date of inspection
normal
paraffin does not fall in the definition of the Essential
Commodities Act attracting the offence under Section 3 of
the Essential Commodities Act ... normal parafin and it does not fall
within the definition of Essential Commodities Act and does
not attract the offence under provisions of the Essential
benefit of the case.
"6A. Confiscation of essential commodity.― [(1)]
Where any [essential commodity is seized] in pursuance
Page 8 of 12
Uploaded ... order confiscation of--
(a) the essential commodity so seized;
(b) any package, covering or receptacle in which
such essential commodity is found
