78. Confiscation of article in respect of which offence committed.
(1)Whenever an offence punishable under this Act has been committed;(a)every intoxicant or excise bottle in respect of which such offence has been committed together with the contents of such bottle, if any;(b)every still, utensil, implement or apparatus and all material inrespect of or by means of which such, offence has been committed;(c)every intoxicant or excise bottle lawfully imported, transported, manufactured, had in possession or sold along with, or in addition to, any intoxicant or excise bottle liable to confiscation under clause (a);(d)every receptacle, package and covering in which any intoxicant for excise bottle, materials, still, utensil, implement or apparatus as aforesaid is or are found together with the other contents (if any) of such receptacle or package; and(e)every animal, cart, vessel, raft or other conveyance used in carrying such, receptacle, or package, covering or articles as aforesaid;shall be liable to confiscation:Provided that when it is proved that the receptacles, animals or other articles specified in clauses (d) and (e) are not the property of offenders, they shall not be liable to confiscation if the owner thereof established that he had no reason to believe that such offence was being or was likely to be committed.(2)When confiscation may be ordered. - When in the trial of any offence punishable under this Act the Magistrate decides that anything is liable to confiscation under sub-section (1), he may order confiscation;Provided that in lieu of ordering confiscation he may give the owner of the thing liable to be confiscated an option to pay such fine as the Magistrate thinks fit.
