Lawgist36Procedure in making confiscation
(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any goods seized under this Act is liable to confiscation and, if it decides that the goods is so liable, it may order confiscation accordingly.
(2) Where any goods 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 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 any goods 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.
(3) Any person not convicted who claims any right to property which has been confiscated under this section may appeal to the Court of Session against the order of confiscation
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- 19 Power of Inspector to inspect any person or place
- 20 Enforcement officer to enter into any place for examining and testing facility or to conduct search
- 21 Certain acts to constitute an offence
- 22 Power to issue warrant and authorisation
- 23 Power of entry, search, seizure and arrest without warrant or authorisation
- 24 Power of seizure and arrest in public places
- 25 Procedure where seizure of goods liable to confiscation not possible
- 26 Power to stop and search conveyance
- 27 Conditions under which search of persons be conducted
- 28 Provisions of Act 2 of 1974 to apply to arrests, searches and seizures
- 29 Disposal of persons arrested and goods seized
- 30 Power to invest officers of the National Authority, etc., with powers of an officer in charge of a police station
- 31 Police to take charge of goods seized and delivered
- 32 Report of arrest and seizure
- 33 Liability of Toxic Chemical, Precursor and conveyance to confiscation
- 34 Confiscation of Goods used for concealing Toxic Chemicals or Precursors
- 35 Confiscation of sale proceeds of goods
- 36 Procedure in making confiscation
- 37 Power to call for information, etc
- 38 Information as to commission of offences
