Tamil Nadu Prohibition Act Section 13 — [ Drug,etc., liable to confiscation]
Criminal
Summary
Section 13 deals with confiscation of drugs and related items. In any case where an offence has been committed under this Act or its rules in relation to a drug, the drug itself, along with any material, still, utensil, implement, or apparatus used in or for the offence, is liable to be confiscated. This also includes the receptacles, packages, coverings, animals, vessels, carts, or other vehicles that were used to hold or carry these items.
Section 13-A deals with confiscation of liquor and related items. Whenever an offence in relation to liquor has been committed, which is punishable under this Act or its rules, the following things are liable to be confiscated.
Under clause (1), any liquor, material, still, utensil, implement, or apparatus in respect of or by means of which the offence has been committed is liable to confiscation.
Under clause (2), any liquor that was lawfully imported, exported, transported, manufactured, held in possession, or sold along with, or in addition to, any liquor that is liable to confiscation under this section is also liable to confiscation.
Under clause (3), any receptacle, package, or covering in which anything liable to confiscation under clause (1) or clause (2) is found is liable to confiscation, along with the other contents of such receptacle, package, or covering, and any animal, cart, vessel, or other conveyance used for carrying the same. However, the proviso states that if anything specified in clause (3) is not the property of the offender, it shall not be confiscated if the owner had no reason to believe that such offence was being or was likely to be committed.
Official Text
In any case in which an offence has been committed [against this Act, or the rules made thereunder] [in relation to drug, the drug] material, still, utensil, implement or apparatus in respect or by means, of which the offence has been committed shall be liable to confiscation along with the receptacles, packages, coverings, animals, vessels, carts or other vehicles used to hold or carry the same. [13-A. Liquor, etc., liable to confiscation - Whenever an offence in relation to liquor has been committed, which is punishable under this Act or the rules made thereunder, the following things shall be liable to confiscation, namely:-
(1) any liquor, material, still, utensil, implement, apparatus in respect or by means , of which such offence has been committed;
(2) any liquor lawfully imported, exported, transported, manufactured, held in possession or sold along with, or in addition to, any liquor liable to confiscation under this section;
(3) any receptacle, package or covering in which anything liable to confiscation under clause (1) or clause (2), is found, and the other contents, if any, of such receptacle or package or covering and any animal, cart, vessel or other conveyance used for carrying the same:
Provided that, if anything specified in clause (3) is not the property of the offender, it shall not be confiscated if the owner thereof had no reason to believe that such offence was being or was likely to be committed.]