(1) When the offender is convicted or when the person charged with an offence against this Regulation is acquitted, but the Court decides that anything is liable to confiscation, the confiscation may be ordered by the Court.
(2) Where during the trial of a case for an offence against this Regulation, the Court decides that anything is liable to confiscation under subsection (1), 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 the confiscation:
Punishment for vexatious delay.
Punishment for abetment of escape of person arrested, etc.
Punish.
ment for offences nat otherwise provided for.
Punishment for abetment of offence under Regulation in region wherein Regulation is not in force.
Things liable to confiscation.
Confiscation how ordered.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 125
Provided that no animal, vessel, cart or other vehicle shall be confiscated, if the owner thereof satisfies the Court that he had exercised dixe care in preventing the commission of the offence.
(3) When an offence against this Regulation has been committed but the offender is "not known, or cannot be found, or when anything liable to confiscation under this Regulation, and not in the possession of any person, cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Collector or other Prohibition Officer in charge of the region or by any other officer authorised by the Administrator in that behalf, who may order such confiscation:
Provided that no such order shall be made until the expiration of fifteen days from the date of seizing the things intended to be confiscated or without hearing the persons, if any, claiming any right thereto, and the evidence, if any, which they produce in support of their claims.
16. Notwithstanding anything contained in sub-sections (1) to (3) of section 15, the Collector or other Prohibition Officer incharge of the region or any other officer authorised by the Administrator in that behalf, shall detain the animal, vessel, cart or other vehicle used in the commission of an offence against this Regulation till the case is disposed of by the Court and notwithstanding anything contained in the Code of Criminal Procedure, 1973, no interim order regarding the disposal of such property shall be passed by the Court till the case is disposed of.
17. Where any animal, vessel, cart or other vehicle is used in the com' mission of any offence under this Regulation and is liable to confiscation, the owner thereof shall bo deemed to be guilty of such offence, and such owner shall be liable to be proceeded against and punished accordingly, unless he satisfies the Court that he had exercised due care in the prevention of the commission of such offence.
18. All offences under this Regulation shall be cognizable and the provisions of the Code of Criminal Procedure, 1973, with respect to cognizable offences shall apply to them,
19. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Administrator may confer on—
(i) any Judicial Magistrate of the first class, or Central Act 2 of
1974.
Central Act 2 of
1974.
Central Act 2 of ID74.
Collector or other Prohibition Officer, etc., to detain animal, vessel, cart or other vehicle used in commission of offence against Regulation.
Owner of animal, vessel, cart or other vehicle deemed to be guilty in certain cases.
Offences against Regulation to be cognizable.
Summary trial for certain offences.
126 THE GAZETTE Cf INDIA EXTRAORDINARY [PART II—
(ii) any Judicial Magistrate of the second class, or (Hi) any Special Judicial Magistrate appointed under section 13 of the Code of Criminal Procedure, 1973, power to try summarily in accordance with the provisions contained in sections 262 to 265 of the said Code, all or any of the offences which are punishable under this Regulation with imprisonment for a term not exceeding six months, or with fine, or with both, but as a result of such trial no sentence except a sentence of fine shall be imposed.