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State of Bihar - Section

Section 68C in Bihar Excise Act, 1915

68C. [ Confiscation by District Collector in certain Cases. [Inserted by Bihar Act No. 3 of 2016, dated 31.3.2016.]

(1)Notwithstanding anything contained in this Act or any other law for the time being in force, where anything liable for confiscation under this Act is seized or detained under the provisions of this Act, the officer seizing and detaining such property shall, without any reasonable delay produce the said property before the District Collector who has jurisdiction over the said area.
(2)On production of the said seized articles or materials under subsection (1), the District Collector if satisfied that an offence under this Act has been committed, may, whether or not prosecution is instituted for the commission of such an offence, order confiscation of such property. Otherwise he may order its return to the rightful owner.
(3)While making an order of confiscation under sub-section (2), the District Collector may also order that such of the properties which the order of confiscation relates, which in his opinion cannot be preserved or are not fit for human consumption, be destroyed. Whenever any confiscated article has to be destroyed in conformity with these provisions, it shall be destroyed in the presence of a Magistrate or officer ordering the confiscation or forfeiture, as the case may be, or in the presence of the Excise Officer not below the rank of an Inspector.
(4)Where the District Collector after passing an order of confiscation under sub-section (2) is of the opinion that it is expedient in the public interest so to do, he may order the confiscated property or any part thereof to be sold by public auction or dispose of departmentally.
(5)The District Collector shall submit a full report of all particulars of confiscation to the Commissioner of Excise within one month of such confiscation.]