(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under 13 | P a g e Section 33 or Section 34 or Section 35 and, if it decides that the article is so liable, it may order confiscation accordingly.
(2) Where any article or thing seized under this Act appears to be liable to confiscation under Section 33 or Section 34 or Section 35, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly:
Provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim.
Immunity from prosecution to addicts volunteering for treatment
37. Any addict, who is charged with an offence punishable under *18 subsection (3) of Section 9, voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognized by the Government and undergoes such treatment shall not be liable to prosecution under *18 sub-section (3) of Section 9:
Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for deaddiction.
Power to call for information, etc.
38. Any officer referred to in Section 21 who is authorized in this behalf by the Government may, during the course of any enquiry in connection with the contravention of any provisions of this Act –
(a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder;
(b) require any person to produce or deliver any document or thing useful or relevant to the enquiry;
(c) examine any person acquainted with the facts and circumstances of the case.
Information as to commission of offence
39. No officer acting in exercise of powers vested to him under any provision of this Act or any rule or order made thereunder shall be compelled to say when he got any information as to the commission of any offence.
CHAPTER VI MISCELLANEOUS Protection of action taken in good faith 40 .
No suit, prosecution or other legal proceedings shall lie against the Government or any officer of the Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.
Power of Government to establish centres for identification 41 .
(1) (1) The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment, education, after-care, rehabilitation, social re-integration of addicts.
(2) The Government may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and *15 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *16 Inserted by Act No 7 of 2010 (w.e.f. 28.04.2010) *17 Omitted by Act No 1 of 2008 (w.e.f. 16.04.2008) 14 | P a g e superintendence of the centres referred to in sub-section (1) and for the appointment, training, powers, duties and persons employed in such centres.
Power of the Government to make rules