(1)When, in any case tried by him, the Magistrate decides that anything is liable to confiscation under section 63, he may either order confiscation or give the owner of such thing an option to pay. in lieu of confiscation, such fine as the Magistrate thinks fit.[Provided that the Magistrate shall in all cases order confiscation of the intoxicants decided by him to be liable to confiscation under section 63.] [Proviso added by section 46(1) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).]
