(1) When in any case tried by a M agistrate, the Magistrate decided that anything is liable to* confiscation under section 74 he shall order such thing to be confiscated at the disposal of the Collector.
(2) When in any other case in which anything has been seized under this Act an investigating officer proceeds under section 43, sub-section (2) or the Collector, upon an investigation made, whether by a Collector or by other officer under section 42 is of opinion that the thing seized is not liable to confiscation under section 74 such investigating officer or the Collector, as the case amy be, shall order the delivery of such thing to the person from whose possession it was taken.
(3) When upon an investigation made as aforsaia it appears to the Collector that an offence made under this Act has been committed and that anything seized under this Act is liable to be confiscated and it further appears that the offender is not known or cannot be found, the Collector shall inquire into and determine the case, and, if he finds that the thing is liable to confiscation under section 74 shall order such confiscation :
822 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11. 2000 Power to compound offences.
Provided that no such order shall be made until^he expiration of two months from the date of seizing the thing intended to be confiscated or without hearing any person who may appear within the period and claim any right to such thing, and the evidence, if any, which he produces in support of his claim :
Provided further that if the thing in question is liable to speedy and natural decay, or if the Collector is of the opinion that its sale would be for the benefit of the owner, the Collector may at any time direct it to be sold, and the provisions of this sub-section and sub-section (2) shall, as nearly as may be practicable, apply to the net proceeds of such sale.