Bare ActsThe Gujarat Prohibition Act, 1949.

Section 98

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(1) Whenever any offence punishable under this Act has been committed, (a) any intoxicant, hemp, mhowra fl owers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed, (b) where, in the case of an offence involving illegal possession, the of- fender has in his lawful possession any intoxicant, hemp, mhowra fl owers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra fl owers, or molasses, (c) where, in the case of an offence of illegal import, export or transport, the offender has attempted to import, export or transport any intoxicant, hemp, mhowra fl owers or molasses in contravention of the provisions of this Act, rule, regulation or order or in breach of a condition of a licence, permit, pass or authorization, the whole quantity of such intoxicant, hemp, mhowra fl owers or molasses which he has attempted to import, export or transport, (d) where, in the case of an offence of illegal sale, the offender has in his lawful possession any intoxicant, hemp, mhowra fl owers or molasses other than that in respect of which an offence has been committed, the whole of such other intoxicant, hemp, mhowra fl owers or molasses, shall be confi scated by the order of the Court. (2) Any receptacle, package or covering in which any of the articles liable to confi scation under sub-section (1) is found and the other contents of such receptacle, package or covering and the animals, carts, vessels or other conveyances used in carrying any such article shall like-wise be liable to confi scation by the order of the Court. 2[ But it shall not be released on bond or surety till the fi nal judgement of the Court where the quantity of the seized liquor is exceeding the quantity as may be prescribed by the rules.]

Section 98 – The Gujarat Prohibition Act, 1949. | DailyLaw.ai