Vidhi Codex

section 27

Procedure in making confiscation

The Bombay Opium Smoking Act, 1936
General193643 sections
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Statutory text
  1. (1) In the trial of offences under this Act, whether the accused is convicted or acquitted, the court shall decide whether any article seized under this Act is liable to confiscation under the preceding section and if it decides that the article is so liable, it may order its confiscation accordingly.
  2. (2) When any article seized under this Act appears liable to confiscation under the preceding section but the person who committed the offence in connection therewith is not known or cannot be found, the Collector or other officer duly empowered in this behalf may inquire into and decide such liability and may order confiscation accordingly : Provided that no order of confiscation of an article 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 support of his claim : Provided further that if any such article, other than opium, is liable to speedy and natural decay, or if the Collector or other officer is of opinion that its sale would be for the benefit of its owner, he 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.
  3. (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. 27-A. Payment of rewards from fine The Court trying any case for an offence under this Act may direct any portion, not exceeding one-fourth, of any fine which may be levied thereunder to be sent, in Greater Bombay to the Commissioner of Police, and elsewhere to the District Superintendent of Police, for distribution as reward in such manner as he may think proper, among the persons, not being Police Officers, who may have given assistance in the detection or investigation of the offence.

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