RG Act 8

Section 8 · Confiscation of declared goods

(1)

Where any declared goods is seized in pursuance of an order made under section 5 in relation thereto, a report of such seizure shall, without unreasonable delay, be made to the Collector of the district in which such declared goods is seized and whether or not a prosecution is instituted for the contravention of such order, the Collector may, if he thinks it expedient so to do, direct the declared goods so seized to be produced for inspection before him, and if he is satisfied that there has been a contravention of the order may order confiscation of,-

(a)

the declared goods so seized;

(b)

any package, covering or receptacle in which such declared goods is found; and

(c)

any animal, vehicle, vessel or other conveyance used in carrying such declared goods:

Provided that without prejudice to any action which may be taken under any other provision of this Act, no food grains or edible oil seeds in pursuance of an order made under section 5 in relation thereto from a producer shall, if the seized food grains or edible oil seeds have been produced by him, be confiscated under this section: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 declared goods sought to be carried by such animal, vehicle, vessel or other conveyance.

(2)

Where the Collector, on receiving a report of seizure or on inspection of any declared goods under sub-section (1), is of the opinion that the declared goods is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, or where the owner of the goods requests so , he may,-

(i)

order the same to be sold at the controlled price, if any, fixed for such declared goods 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.

(3)

Where any declared goods is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall,-

(a)

where no order of confiscation is ultimately passed by the Collector, or

(b)

where an order passed on appeal under sub-section (1) of section 10 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.

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