Maharashtra Excise Manual
Page 43 of 1109

101.

101.

If the thing in question is liable to speedy and natural decay, or if the 1Commissioner]1, Collector, 2Court2 or the officer authorized by the 3State3 Government in this behalf is of opinion that the sale would be for the benefit of the owner, the 1Commissioner1, Collector, 2Court2 or the officer may at any time direct it to be sold and the provisions of section 99 or 100 shall apply so far as may be to the net proceeds of the sale:

Provided that, where anything is liable to speedy and natural decay, or is of trifling value, the Court, or the officer concerned may order such thing to be destroyed, if in its or his opinion such order is expedient in the circumstances of the case.]

102. Forfeiture of any publication containing advertisement matter soliciting use of intoxicants. मादक द्रव्य वापरण्याची विनंती करणारी जाहिरात किंवा मजकूर असलेले कोणतेही प्रकाशन सरकारजमा करणे.

(1) Where any newspaper, news-sheet, book, leaflet or other publication wherever printed or published appears to the 3State3 Government to contain any advertisement or matter 5soliciting5 the use of, or offering any intoxicant or hemp, the 3State3 Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other publication whether printed or published in the 6State6 or outside to be forfeited to 7the State Government7, and thereupon any Police Officer may seize the same wherever found in the 3State3. Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be. Every warrant issued under this section shall be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, 1898.

(2) The declaration of the 3State3 Government under this section shall be final and shall not be questioned in any Civil or Criminal Court.

103. Presumption as to commission of offences in certain cases. काही बाबतीत अपराध करण्यात आला आहे असे गृहीत धरणे.

(1) In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence until the contrary is proved, that the accused person has committed an offence under this Act in respect of any intoxicant, hemp, in any form, flowers or molasses or any still, utensil, implement or apparatus, whatsoever, for the manufacture of any intoxicant 10or any materials which have undergone any process towards the manufacture of any intoxicant or from which an intoxicant has been manufactured,10 for the possession of which he is unable to account satisfactorily.

103 A.

[Report of certain registered medical officers as evidence]. Deleted by Bom. 12 of 1959, s. 12.