Confiscation by Prohibition and Excise Officers in certain cases -

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, where anything liable for confiscation under Section 45 is seized or detained under the provisions of this Act, the officer seizing and detaining such property shall, without any unreasonable delay; produce the said seized property before the Deputy Commissioner of Prohibition and Excise 4[and / or the Deputy Commissioner of Special

Enforcement Bureau and / or the Superintendent of Police / or the Executive

Magistrate] who has jurisdiction over the area.

1. (2) On production of the said seized property under sub-section (1) the Deputy Commissioner of Prohibition and Excise 3[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the Superintendent of Police / or the Executive Magistrate] if satisfied that an offence under this Act has been committed, may, whether or not a prosecution is instituted for the

commission of such an offence, order, confiscation of such property.

1. (3) While making an order of confiscation under sub-section (2), the Deputy Commissioner of Prohibition and Excise 3[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the Superintendent of Police / or the Executive Magistrate] may also order that such of the properties to which the order of confiscation relates which in his opinion

cannot be preserved or are not fit for human consumption be destroyed.

1. (4) Where the Deputy Commissioner of Prohibition and Excise 3[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the

Superintendent of Police / or the Executive Magistrate] after passing an order

of confiscation under Sub-section (2) is of the opinion that it is expedient in the public interest so to do, he may order the confiscated property or any part thereof to be sold by public auction or dispose departmentally.

1. (5) The Deputy Commissioner of Prohibition and Excise 3[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the Superintendent of Police / or the Executive Magistrate] shall submit a full

report of all particulars of confiscation to the Commissioner of Prohibition

. Proviso substituted by the Act No.4 of 1994, S.9 . Omitted by the Act No. 4 of 1994, S.10 . Section Substituted by the Act No.20 of 1994 .Inserted by the Act No.17 of 2020, S.4

and Excise

3[and / or the Deputy Commissioner, Special Enforcement Bureau

and / or District Magistrate as the case may be within twenty four hours of

such confiscation.

1. (6) The 1[District Magistrate/Deputy Commissioner of Prohibition and Excise and/or the Deputy Commissioner of Special Enforcement Bureau and /or the Superintendent of Police / or the Executive Magistrate] shall for the purpose of this Act, have the same power as are vested in a Civil Court under the Code of Civil procedure, 1908 (Central Act 5 of 1908) when making enquiries under this section in respect of the following matters, namely:-
   • (a) receiving evidence on affidavits,
   • (b) summoning and enforcing the attendance of any person and examining him on oath; and
   • (c) compelling the production of documents.