(1)When the offender is convicted or when the person charged with an offence against this Act is acquitted, but the Court decides that anything is liable to confiscation, such confiscation [shall be ordered by the Court] [Substituted 'may be ordered by the Court' by Tamil Nadu Act No. 9 of 1979.].(2)[ Where, during the trial of a case for an offence against this Act, the court decides that anything is liable to confiscation, the court shall order the confiscation :Provided that no animal, vessel, cart or other vehicle shall be confiscated under sub-section (1), or sub-section (2), if the court after hearing the owner of such animal, vessel, cart or other vehicle and any person claiming any right thereto, is satisfied that the owner and such person had exercised due care in the prevention of the commission of such an offence.] [Substituted by Tamil Nadu Act No. 9 of 1979.](3)[] [This section (2) was inserted by section 9 of the Tamil Nadu Prohibition (Amendment), Act, 1958 (Tamil Nadu Act, VIII of 1958).] When an offence against Ibis Act has been committed but the offender is not known, or cannot be found, or when anything liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Collector of other Prohibition Officer in charge of the district or by any other officer authorized by the [State] [This word was substituted for the word 'Provincial by the Adaptation Order of 1950.] Government in that behalf, who [shall order such confiscation] [Substituted 'may order such confiscation' by Tamil Nadu Act No. 9 of 1979.] :Provided that no such order shall be made until the expiration of fifteen days from the date of seizing the things intended to be confiscated or without hearing the persons, if any, claiming any right thereto, and evidence, if any, which they produce in support of their claims.(4)[ Notwithstanding anything contained in sub-sections (1) to (3), the Collector or other Prohibition Officer in-charge of the district or any other officer authorised by the State Government in that behalf, shall detain the animal, vessel, cart or other vehicle used in the commission of an offence against this Act till the case is disposed of by the court and notwithstanding anything contained in. the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), no interim order regarding the disposal of such property shall be passed by the court till the case is disposed of.] [Added by Tamil Nadu Act No. 9 of 1979.]
