Section 25 in The Bombay Drugs (Control) Act, 1959.
25. Procedure in confiscation.
(1)Where during the trial of a case for an offence under this Act, the I Court decides that anything is liable to confiscation under section 24, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation or in the case of any article other than a notified drug give the owner an option to pay such fine as the Court deems fit in lieu of confiscation:Provided that, no animal, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the Court that he had exercised due care in preventing the commission of the offence.(2)Where an offence under this Act has been committed, and the offender is not known or cannot be found, or where anything liable to confiscation under this Act is found or seized, the 1[Commissioner], Collector or any other officer authorised by the State Government in this behalf may make an inquiry and, if after such inquiry is satisfied that an offence has been committed, may order the thing found or seized to be confiscated:Provided that, no such order shall be made before the expiry of one month from the date of finding or seizure, or without hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim.(3)Where any article found or seized under this section is liable to speedy and natural decay, or if the Court, Commissioner, Collector, or the officer authorised by the State Government in this behalf, is of opinion that the sale would be for the benefit of the owner, the Court, Commissioner, Collector, or the officer may at any time direct it to be sold, and the provisions of this section shall apply so far as may be to the net proceeds of the sale:Provided that, in the case of anything liable to speedy and natural decay, the Court or officer concerned may order it to be destroyed if in its or his opinion such order is expedient in the circumstances of the case.
