Liability to confiscation

Liability to confiscation. Whenever an offence punishable under this Act has been committed, the following things shall be liable to confiscation, namely –

1. (1) the liquor, still, utensils, implement, apparatus or materials in respect of or by means of which such offence has been committed;
2. (2) any newspaper, news-sheet, book, leaflet, booklet, magazine or any other single or periodical publication containing any advertisement of liquor or of any preparation fit for use as liquor published in the state of Mizoram;
3. (3) the receptacles, packages, and coverings in which anything liable to confiscation under sub- section
4. (1) and
5. (2) of this Section is found and the other contents, if any, of such receptacles and packages and;
6. (4) the animals carts, vessels, rafts, vehicles or other conveyances used in carrying anything referred to in the foregoing clauses. Provided that no animal, cart, vessels, rafts, vehicles or other conveyances as specified in sub- section
7. (4) of this Section shall be liable to confiscation in case the owner thereof is able to prove that he has not been implicated in the commission of the offence: Provided further that in exceptional circumstances and for reasons to be recorded in writing, the Court may order the owner of such animal, cart, vessel, rafts vehicle or other conveyance to pay a fine as it deems fit in lieu of confiscation of such animal, cart, vessels, rafts, vehicles or other conveyance or as the case may be. Explanation:For the purposes of this section “owner” includes, in relation to any animal, Cart, vessel, rafts or other conveyance,–
   • (i) which is in the possession of a minor, the guardian of such minor,
   • (ii) which is the subject of hire purchase agreement, the person in possession thereof under the agreement.