Protocols for
Seizure under the Essential Commodities Act, 1955 - Sequence of Events
- Authorization for Seizure:
- Seizure should only be carried out by a designated
and authorized officer under the EC Act.
- Preparation for Seizure:
- Ensure proper identification of seized items
(type, brand, distinguishing marks) to avoid confusion during
documentation.
- Witnesses and Documentation:
- Independent witnesses should be present
during the seizure.
- Prepare the seizure list, ensuring that it
is signed by the two independent witnesses and the officer
carrying out the seizure.
- Seizure of Goods:
- Seize the goods in question and document the quantity
and description of each item seized (including any sample
bottles).
- Ensure the seizure list is filled in with
the correct details of the items seized.
- Sample Collection and Documentation:
- In cases where the seizure involves substances like
PDS Kerosene Oil or similar goods, samples should be taken for
chemical analysis, if required by Section 6A of the EC Act.
- Prepare the sample slip, duly filled in, and
ensure the signature of the person from whom seized, witnesses,
and Zimadar are obtained.
- Record the number of bottles and the quantity
contained in each bottle in the sample slip (Columns 3 &
4).
- Delivery of One Sample Bottle to the Seized Person:
- Out of the sample bottles, the MI/Inspector of
Supplies should give one sample bottle to the person from whom the
goods were seized and obtain a receipt in the presence of
witnesses, ensuring their signatures as well.
- FIR Filing:
- The FIR should be filed, clearly mentioning
the seizure of goods, the delivery of one sample bottle to the concerned
person, and the details of the seizure.
- Ensure the FIR is accompanied by the seizure
list, weighment chart, Zimanama, and sample slip
(where applicable).
- Statement of the Person from Whom Seized:
- The investigating officer should take the statement
of the person from whom the goods were seized.
- Determine if the goods were being transported with
the knowledge of the owner of the vehicle and inquire about the
procurement of the PDS commodity.
- The statement should be read over and explained
to the person concerned and signed by the officer who prepared it.
- Obtain Contact Details and IDs:
- The investigating officer should obtain mobile
numbers and photo IDs of all concerned parties (delinquent,
vehicle owner, independent witnesses), which should be included in the FIR
and seizure list.
- Photographic Evidence:
- Take photographs or video recordings of the
seized goods and the location of seizure for documentation and future
reference.
- Notification to Relevant Authorities:
- The investigating officer should promptly notify
the relevant authorities (e.g., District Magistrate, Collector,
Food and Civil Supplies Department) about the seizure.
- Reporting to Collector:
- Report the date of sending the sample bottles
to the RFSL (Regional Forensic Science Laboratory) to the Collector
by the concerned MI/Inspector of Supplies, CSO, or Sub-Collector.
- Timely Filing of PR:
- After filing the FIR, the investigating officer
must conduct further inquiries and file the PR (Prosecution Report)
under Section 7 of the EC Act before the competent court within two
months.
- Seizure of Vehicles:
- If a vehicle is seized along with the commodities,
ensure that the vehicle details (make, model, registration number,
owner) are documented in the FIR and seizure list.
- The vehicle should be sealed and kept in safe
custody.
- Maintaining Chain of Custody:
- Maintain a chain of custody for the seized
goods, ensuring that all handling and storage are well-documented to
avoid tampering or loss of evidence.
- Seizure of Records (if applicable):
- If relevant records (e.g., invoices, transaction
books) are found, seize these records as part of the investigation
and document them appropriately.
- Timely Disposal of Seized Goods:
- The seized goods should be disposed of according to
the legal process (auction, destruction, etc.), and the process should be
documented thoroughly to ensure transparency.
- Report on Seizure:
- A detailed report of the seizure, including the
items seized and actions taken, should be submitted to the relevant
authorities (e.g., Collector, CSO, Sub-Collector).
- Seizure in Presence of a Magistrate (if
applicable):
- If required, carry out the seizure in the presence
of a Magistrate to provide an additional layer of legal verification,
particularly for large or significant seizures.
- Interim Custody Orders (if applicable):
- For perishable or sensitive goods (e.g., chemicals,
petroleum products), the officer should seek interim custody orders
from the court to ensure proper storage until disposal.
- Legal Notification:
- Ensure that a legal notice is served to the
person(s) concerned, informing them of the legal proceedings and charges
under Section 6A of the EC Act.
- Proper Documentation and Conclusion:
- Ensure all necessary documentation is in order, including the property return form, to avoid any disputes in the future. The documents should be signed by both the officer and the person from whom goods were seized.