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State of Gujarat - Section

Section 102 in Gujarat Prohibition Act, 1949

102. Forfeiture of any publication containing advertisement matter [soliciting] [This word was substituted for the word 'commending' by Bombay 26 of 1952, Section 39.] use of intoxicants.

(1)Where any newspaper, news-sheet, book, leaflet, booklet or other publication wherever printed or published appears to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to contain any advertisement of matter [*] [The word 'commending' deleted by Bombay 26 of 1952, Section 39.] soliciting the use of, or offering an intoxicant or hemp, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other publication whether printed or published in the [State] [This word was substituted for the words 'pre-Reorganisation State of Bombay, excluding the transferred territories' by Bombay 12 of 1959, Section 3] or outside to be forfeited to [the State Government] [These words were substituted for the words 'His Majesty' by the Adaptation of Laws Order, 1950.], and thereupon any Police Officer may seize the same wherever found in the [State] [This word was substituted for the words 'pre-Reorganisation State of Bombay, excluding the transferred territories' by Bombay 12 of 1959, Section 3], Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be. Every warrant issued under this section shall be executed in the manner provided for the execution of search warrants under the [Code of Criminal Procedure, 1973 (2 of 1974)] [Substituted 'Code of Criminal Procedure, 1898 (V of 1898)' by Gujarat Act No. 9 of 2017, dated 16.3.2017.].
(2)The declaration of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under this section shall be final and shall not be questioned in any Civil or Criminal Court.