78. Confiscation of article in respect of which offence committed.
(1)Whenever an offence punishable under this Act has been committed;(a)every intoxicant or excise bottle in respect of which such offence has been committed together with the contents of such bottle, if any;(b)every still, utensil, implement or apparatus and all material in respect of or by means of which such, offence has been committed;(c)every intoxicant or excise bottle lawfully imported, transported, manufactured, had in possession or sold along with, or in addition to, any intoxicant or excise bottle liable to confiscation under clause (a);(d)every receptacle, package and covering in which any intoxicant for excise bottle, materials, still, utensil, implement or apparatus as aforesaid is or are found together with the other contents (if any) of such receptacle or package; and(e)every animal, cart, vessel, raft or other conveyance used in carrying such, receptacle, or package, covering or articles as aforesaid;shall be liable to confiscation:[Provided that when it is proved that the receptacles, animals or other articles specified in clauses (d) and (e) (except public undertaking vehicles) are not the property of offenders, they shall not be liable to confiscation if the owner thereof established that he had no reason to believe that such offence was being or was likely to be committed.Explanation. - "Public undertaking vehicles" means any vehicle owned/run by:-(i)the Central Government or a State Government;(ii)any municipality or any corporation or company owned or controlled by the Central Government and one or more State Governments for the purpose of providing transport and goods services.](2)When confiscation may be ordered. - When in the trial of any offence punishable under this Act the Magistrate decides that anything is liable to confiscation under sub-section (1), he may order confiscation;[Provided further that in cases where the quantity of liquor found at the time or in the course of detection of such offence exceeds twenty-seven bulk liters of country liquor and foreign liquor, the Magistrate shall order the confiscation of conveyance. However, in lieu of ordering confiscation of conveyance, the Magistrate may give the owner of the conveyance liable to be confiscated an option to pay an amount equal to the value thereof as estimated by the Magistrate:Provided further that during pendency of trial, conveyance shall only be released on submission of security (in form of cash security or bank guarantee) equivalent to the value of the conveyance thereof.] [Substituted by Punjab Act No 21 of 2017, dated 21.12.2017.](3)[ Such officer or authority, as specified by the State Government for composition of offences under sub-section (1) of section 81, may confiscate liquor in respect of which offence has been committed.(4)When the Officer or authority, as specified by the State Government for composition of offences under sub section (1) of section 81, upon production before him of liquor, conveyance etc. or on receipt of a report about such seizure, as the case may be, is satisfied that an offence has been committed and where the quantity of liquor found at the time or in the course of detection of such offence exceeds ninety bulk litres he may, on the grounds to be recorded in writing, order the confiscation of the conveyance etc. so seized. He may, during the pendency of the proceedings for such confiscation also pass an order of interim nature for the custody, disposal etc. of the confiscated liquor, conveyance etc. as may appear to him to be necessary in the circumstances of the case:Provided that such officer or authority shall not pass an order for confiscation of conveyance without affording an opportunity of being heard to the person from whom conveyance was seized and to any other person who may appear before such officer or authority with a claim of an interest in the same:Provided further that such officer or authority may release the conveyance so confiscated, on payment of the value thereof as estimated by the same authority:Provided further that in case the owner of confiscated vehicle does not get the vehicle released within a period of thirty days from the decision of the case, such authority may proceed to auction the confiscated conveyance. The amount received from auction, after deducting the expenditure incurred on it, shall be deposited in the Government treasury.] [Added by Punjab Act No. 26 of 2013, dated 9.4.2013]
