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State of Nagaland - Section

Section 74 in The Nagaland Excise Act, 1967

74. Liability of confiscation.

- Whenever an offence punishable under this Act has been committed, the following things shall be liable to confiscation, namely .
(a)the intoxicant, hemp plant (Cannabis Sativa L), still, utensil, implement, apparatus or materials in respect of or by means of which such offence has been committed;
(b)any intoxicant lawfully imported, transported, manufactured had in possession or sold along with any intoxicant liable to confiscation as aforesaid;
(c)the receptacles, packages and coverings in which anything liable to confiscation under Clause (a) or Clause (b) is found, and the other contents, if any, of such receptacles and packages; and
(d)the animals, carts, vessels, rafts or other conveyances used in carrying anything referred to in the foregoing clauses :
Provided that when it is proved that the receptacles or other articles specified in Clauses (c) and (d) are not the property of the offender, the said articles shall not be liable to confiscation if the owner thereof establishes that he had no reason to believe that such offence was being or was likely to be committed.