Section-81 (Duty of police to accept seized articles and arrested persons) of Bihar Prohibition and Excise Act, 2016 shall be substituted by the following: - "81- Custody of Arrested Persons, Seized Articles and Chemical Examination-
(1) Till such time as the Special Court or the Judicial Magistrate commits the arrested person(s) to judicial custody or the police custody, the arrested person shall be kept in the safe custody by the concerned excise officer or the police officer.
(2) In case of seized articles including intoxicants, the concerned excise officer or the police officer shall draw a seizure list. The said seizure list shall be treated as an exhibit, be admissible as a public document under section-74 of the Indian Evidence Act 1872 (Act 1 of 1872) and shall constitute the evidence for the purpose of trial.
Immediately thereafter, the officer concerned shall make an application before the Collector for destruction or confiscation, as the case may be and shall keep the seized articles in safe custody till the orders of the Collector.
(3) While seeking the destruction of intoxicants etc, the concerned police or excise officer shall get the chemical examination done.
Apart from the Special Court, any nearest Judicial Magistrate or Executive Magistrate shall be competent to give the permission for such chemical examination."