Repealed or not in force · As amended up to 2026-08
34. (1) I n the t,rial of offences under this Act, whether the accused is convicted or acquitted, the Court shall decicle whether anj7 article seized under this Chapter is liable to confisca-
Promdm in making con&cations.
tion
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Dange~ous Drugs.
(Clzapter IV .-Procedu~e.
Chapter V .-Miscallaneous.)
tion under section 33 ; and, if it decides that the article is so liable, it may order confiscation accordingly.
(2) Where any article seized under this Chapter appears. t o be liable to confiscat~iool uuder sectioiz 33, but the person who committed the offence in connection therewith is not known or cannot be found, the Collector or other officer authorised by the Local Government in this behalf, may inquire into and decide such liability, and may order confiscation accordingly :
Provided that no order of confiscation of an article shall be made until the expiry of 'one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim :
Provided, further, that, if any such article, other than a dangerous drug, is _liable to speedy and natural decay, or if the Collector or other officer is of opinion that its sale would be for the benefit of its owner, he may at any time direct it to be sold ; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale.
'(3) Any person not convicted who claims any right to property which has been confiscated under this section may appeal to the Court of Session against the order of confiscation.
Source: India Code