(1) Whenever any offence punishable under this Act has been committed,
(a) any intoxicant, hemp, mhowra fl owers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed,
(b) where, in the case of an offence involving illegal possession, the offender has in his lawful possession any intoxicant, hemp, mhowra fl owers 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 fl owers, or molasses,
(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 fl owers 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 fl owers or molasses which he has attempted to import, export or transport,
(d) where, in the case of an offence of illegal sale, the offender has in his lawful possession any intoxicant, hemp, mhowra fl owers or molasses other than that in respect of which an offence has been committed, the whole of such other intoxicant, hemp, mhowra fl owers or molasses, shall be confi scated by the order of the Court.
(2) Any receptacle, package or covering in which any of the articles liable to confi scation 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 confi scation by the order of the Court.
2[ But it shall not be released on bond or surety till the fi nal judgement of the Court where the quantity of the seized liquor is exceeding the quantity as may be prescribed by the rules.]
99. When during the trial of a case for an offence under this Act the court decides that anything is liable to confi scation 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 confi scation, or in the case of any article other than an intoxicant, hemp, mhowra fl owers or molasses give the owner an option to pay fi ne as the court deems fi t in lieu of confi scation :
1. This word was substituted for the word “Crowa “ by the Adaptation of Laws Order, 1950.
2. Thise words were added by Guj. 29 of 2011, 5, 6.
Punishment for abetment for escape of persons arrested.
Things liable to confi scation.
Return of things liable to confi scation to bona fi de owners.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 43
Provided that no animal, cart, vessel, vehicle or other conveyance shall be confi scated if the owner thereof satisfi es the court that he had exercised due care in preventing the commission of the offence.
100. When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confi scation under this Act is found or seized, the 1[Director], Collector or any other offi cer authorized by the 2[State] Government in this behalf may make an inquiry and if after such inquiry is satisfi ed that an offence has been committed, may order the thing found to be confi scated :
Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing 3[the person, if any, claming any right thereto] and the evidence, if any, which he produces in support of his claim.
101. If the thing in question is liable to speedy and natural decay, or if the 1[Director], Collector, 4[Court] or the offi cer authorized by the 2[State] Government in this behalf is of opinion that the sale would be for the benefi t of the owner, the 1[Director], Collector, 4[Court] or the offi cer 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:
5[Provided that, where anything is liable to speedy and natural decay, or is of trifl ing value, the Court or the offi cer concerned may order such thing to be destroyed, if in its or his opinion such order is expedient in the circumstances of the case ].