Lawgist63Procedure in making confiscations
(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 section 60 or section 61 or section 62 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 60 or section 61 or section 62, 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:
Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance 1[controlled substance], the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale.
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1. Ins. by s. 29, ibid. (w.e.f. 2-10-2001).
2. Sub-section (3) omitted by Act 9 of 2001, s. 29 (w.e.f. 2-10-2001).
- 41 Power to issue warrant and authorisation
- 42 Power of entry, search, seizure and arrest without warrant or authorisation
- 43 Power of seizure and arrest in public place
- 44 Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant
- 45 Procedure where seizure of goods liable to confiscation not practicable
- 46 Duty of land holder to give information of illegal cultivation
- 47 Duty of certain officers to give information of illegal cultivation
- 48 Power of attachment of crop illegally cultivated
- 49 Power to stop and search conveyance
- 50 Conditions under which search of persons shall be conducted
- 50A Power to undertake controlled delivery
- 51 Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures
- 52 Disposal of persons arrested and articles seized
- 52A Disposal of seized narcotic drugs and psychotropic substances
- 53 Power to invest officers of certain departments with powers of an officer-in-charge of a police station
- 53A Relevancy of statements under certain circumstances
- 54 Presumption from possession of illicit articles
- 55 Police to take charge of articles seized and delivered
- 56 Obligation of officers to assist each other
- 57 Report of arrest and seizure
- 57A Report of seizure of property of the person arrested by the notified officer
- 58 Punishment for vexatious entry, search, seizure or arrest
- 59 Failure of officer in duty or his connivance at the contravention of the provisions of this Act
- 60 Liability of illicit drugs, substances, plants, articles and conveyances to confiscation
- 61 Confiscation of goods used for concealing illicit drugs or substances
- 62 Confiscation of sale proceeds of illicit drugs or substances
- 63 Procedure in making confiscations
- 64 Power to tender immunity from prosecution
- 64A Immunity from prosecution to addicts volunteering for treatment
- 65 [Omitted]
- 66 Presumption as to documents in certain cases
- 67 Power to call for information, etc
- 68 Information as to commission of offences
