THE BOMBAY PROHIBITION CONFISCATED OR FORFEITED ARTICLES (DISPOSAL) REGULATIONS, 1953

(1) Confiscated or forfeited potable foreign liquor, if it is in sealed bottles or in other receptacles the contents of which may reasonably be believed not to have been tampered with, shall be disposed of in the following manner:

(a) Such liquor shall be disposed of by public auction after fixing a reserve price in parity with the ordinary local price of such liquor and sold to the highest bidder provided that the bid offered does not exceed the maximum price, if any fixed by Government and that such bidder holds a license to sell foreign liquor under the Act or the rules and order made thereunder.

(b) If no adequate bid is received in auction, a report shall be made to the Commissioner for orders regarding its disposal.

(2) (a) All other confiscated or forfeited potable foreign liquor shall be destroyed.

(b) All confiscated or forfeited rectified spirit and absolute alcohol shall be destroyed if it is less than one liter. In all other cases a sample of such rectified spirit and absolute alcohol shall be sent to the Commissioner, Forensic Science Laboratory and Chemical Analyzer to the Government of Maharashtra, Bombay for analysis as to whether it conforms to the specifications of rectified spirit permitted for sale. If the analysis shows that the confiscated or forfeited rectified spirit and absolute alcohol conforms to such specifications, it shall be sold by public auction to the highest bidder provided that he holds a license for it or as may be decided by the Commissioner, If no adequate bid is received in auction, a report shall be made to the Commissioner for orders regarding its disposal. If the analysis shows that the confiscated or forfeited rectified spirit and absolute alcohol does not conform to the prescribed specifications, a report shall be made to the Commissioner for order regarding its disposal.

(1) All confiscated or forfeited medicinal and toilet preparations, perfumes and essences containing alcohol other than essences used in the manufacture of potable liquors shall be sold by public auction:

Provided that where such articles are not of the nature, substance or quality which they purport to be, they shall be destroyed.

(2) Essences containing alcohol used in the manufacture of potable liquors shall be destroyed.

(1) All confiscated or forfeited hemp and intoxicating drugs, other than ganja and bhang, shall be destroyed.

(2) All confiscated or forfeited ganja or bhang, as the case may be, if less than sixty grams in weight, shall be destroyed.

(3) All confiscated or forfeited ganja or bhang which on examinations is found to be unfit for human consumption shall, with the previous sanction of the Commissioner, be destroyed.

(4) All confiscated or forfeited ganja or bhang, as the case may be, if sixty grams or more in weight and not found unfit for human consumption, shall be sent to the Officer-in-charge of the Bombay State Hemp Drugs and Opium Packing and Supply Depot at Ahmedabad.

(5) The said Officer shall utilize the ganja and bhang sent to him under sub-regulation (4) for issue in packets to permit-holders. Any ganja or bhang out of the stock sent to him, if found by him to be unfit for human consumption, shall, with the previous sanction of the Commissioner, be destroyed.

(6) The said officer shall maintain a register showing proper accounts of the receipts and subsequent disposal of the confiscated or forfeited ganja and bhang sent to him under sub-regulation (4).

(1) Subject to the provisions of sub-regulation (3), all confiscated or forfeited opium in any part of the State shall be sent to the Officer in charge of the State Warehouse at Sewree.

(2) The Officer-in-charge of the warehouse at Sewree shall send the opium collected by him if it is five kilograms or more to the Opium Factory at Ghazipur only twice a year that is on 1st June and 1st December under intimation to the Commissioner and the Superintendent of Prohibition and Excise, Bombay.

(3) Where the confiscated or forfeited opium is or is suspected to be of foreign origin or presents any doubt or difficulty in determining its origin and exceeds 15 kilograms in quantity, a sample of 1.47 kilograms shall be sent to the Commissioner, Forensic Science Laboratory and Chemical Analyzer to the Government of Maharashtra, Bombay for analysis. The sample shall be sent with a forwarding letter containing the following particulars namely:

(i) particulars of the criminal case, if any, in respect of such opium;

(ii) The total quantity of opium confiscated or forfeited;

(iii) the number and date of the order of confiscation or forfeiture, as the case may be and the authority by which the order was made;

(iv) the country of origin, if known, of the opium, and

(v) such other particulars as may be necessary for distinguishing such opium from any other opium.

(4) On receipt of the sample under sub-regulation (3) the Commissioner, Forensic Science Laboratory and Chemical Analyzer to the Government of Maharashtra Bombay, shall utilize therefrom such quantity as he may require for analysis and send the remaining quantity to the Chief Chemist, Central Revenue and Control Laboratory, New Delhi, along with a full report of the tests carried out by him and his own conclusions. He shall also send a copy of each of his report and conclusions to the Narcotics Commissioner, 19, The Mall, Morar, Gwalior, and the Officer from which he had receive the sample who shall after obtaining the previous sanction of the Collector, send the remaining quantity of the confiscated or forfeited opium or the Opium Factory at Gazipur along with a copy of the aforesaid report and conclusions.

(1) Confiscated or forfeited Mhowra flowers and molasses, if fit for use and if the quantity in the case of mhowra flowers is more than 37 quintals may, after consultation with the Superintendent, Government Distillery, Chitali, and if required by him be sent to him if it be advantageous to Government to do so considering the quantity and quality and the cost of transport.

(2) Confiscated or mhowra flowers if they are not more then 37 quintals of if they are not required by the Superintendents, Government Distillery, Chitali, shall be sold to any Co-operative Society approved by the Collector in this behalf holding a license for the sale of mhowra flowers under the Bombay Prohibition Act, 1949, or, if that is not possible to any other person holding such license.

(3) Confiscated or forfeited molasses not rquired by the Superintendent, Government Distillery, Chitali, shall be sold to a person holding a license for the sale of molasses under the Bombay Prohibition Act, 1949.

(4) All confiscated or forfeited mhowra flowers and molasses which are not fir for use or which cannot be sold as above shall be destroyed.

(1) in Greater Bombay, at the Court premises, if it is lying in the Court premises, or at the Police Station, if it is lying there, by the Officer-in-charge of the Police Station which committed the case to the Court or by the Sub-Inspector of Police deputed by him for the purpose in the presence of a Prohibition and Excise Officer deputed by the Superintendent of Prohibition and Excise, Bombay, and

(2) elsewhere by the Officer-in-charge of the Police Station having custody of the articles or hemp in question or by the sub-Inspector of Police deputed by him for the purpose, in the presence of a Sub-Divisional police Officer or a local Revenue Officer not lower in rank then an Aval Karkun or a Revenue Officer of corresponding status.

(1) All confiscated or forfeited articles other than those dealt with in the preceding regulations shall, unless otherwise directed by the Commissioner in any particular case, be put up to auction and sold to the highest bidder; but if there is no bid they shall be destroyed.

(2) Stills, and all implements and apparatus for the manufacture of liquor or intoxicating drugs shall be broken up or otherwise rendered useless for such manufacture before being offered for sale.

(3) Confiscated or forfeited utensils and such other articles of metal shall, if the Commissioner so orders, be broken up and rendered useless before they are offered for sale.

(4) Articles are not likely to fetch any value or which are capable of being used in the manufacture of liquor or intoxicating drug or for any unlawful purpose, shall except in Greater Bombay, be broken up and sold as scrap at the Courts premises if they are lying in the Court or at the Police Station if they are lying there by the Officer-in-Charge of the Police Station having the custody of the articles or by the sub-Inspector of Police deputed by him for purpose in the presence of a sub-Divisional Police Officer or a local Revenue Officer not lower in rank than an Aval Karkun or a Revenue Officer of corresponding status.