98. Things liable to confiscation. सरकारजमा होण्यास पात्र असलेली, वस्तू .

98. Things liable to confiscation. सरकारजमा होण्यास पात्र असलेली, वस्तू .

(1) Whenever any offence punishable under this Act has been committed—

1. (a) any intoxicant, hemp, mhowra flowers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed,
2. (b) where in the case of an offence involving illegal possession the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers or molasses,
3. (c) where in the case of an offence of illegal import, export or transport, the offender has attempted to import, export or transport any intoxicant, hemp, mhowra flowers or molasses, in contravention of the provisions of this Act, rule, regulation or order or in breach of a condition of a licence, permit, pass or authorization, the whole quantity of such intoxicant, hemp, mhowra flowers or molasses which he has attempted to import, export or transport,
4. (d) where in the case of an offence of illegal sale, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than that in respect of which an offence has been committed, the whole of such other intoxicant, hemp, mhowra flowers or molasses,

shall be confiscated by the order of the Court.

(2) Any receptacle, package or covering in which any of the articles liable to confiscation under sub-section (1) is found and the other contents of such receptacle, package or covering and the animals carts, vessels or other conveyances used in carrying any such article shall like-wise be liable to confiscation by the order of the Court.

99. Return of things liable to confiscation to bona fide owners. सरकारजमा होण्यास पात्र असलेल्या वस्तू खरोखरीच्या मालकांस परत करणे.

When during the trial of a case for an offence under this Act the Court decides that anything is liable to confiscation under the foregoing section, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation, or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the Court deems fit in lieu of confiscation:

Provided that no animals, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the Court that he had exercised due care in preventing the commission of the offence.

100. Procedure in confiscation.

When an offence under this Act has been committed and the offender is not known or can not be found or when anything liable to confiscation under this Act is found or seized, the ¹Commissioner¹, Collector or any other officer authorised by the ²State² Government in this behalf may make an inquiry and if after such inquiry is satisfied that an offence has been committed, may order the thing found to be confiscated:

Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing ³the person, if any, claiming any right thereto³ and the evidence, if any, which he produces in support of his claim.