Amendment status not verified — confirm the current text below against the official source.
(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 Chapter is liable to confiscation under Section 33; and, if it decides that the article is so liable, it may order confiscation accordingly. (2) Where any article seized under this Chapter appears to be liable to confiscation under Section 33, but the person who committed the offence in connection therewith is not known or cannot be found, the Collector or other officer authorized by the State Government 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 respect of his claim: Provided, further, that, if any such article, other than a dangerous drug, 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 anytime 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) 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.