Section 45

Section 45 of the Andhra Pradesh Excise Act, 1968. Liability of certain things to confiscation - Whenever an offence has been committed, which is punishable under this Act, following things shall be liable to confiscation namely :- (1) any intoxicant, materials, still, utensil, implements or apparatus in respect of, or by means of, which, such offen

Liability of certain things to confiscation - Whenever an offence has been committed, which is punishable under this Act, following things shall be liable to confiscation namely :- (1) any intoxicant, materials, still, utensil, implements or apparatus in respect of, or by means of, which, such offence has been committed;

(2) any intoxicant lawfully imported, transported, or manufactured, had in possession, sold or bought along with, or in addition to, any intoxicant liable to confiscation under clause (1); and (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, package or covering and any animal, vehicle, vessel, raft or other conveyance used for carrying the same: 2[XXXX] 3[46. Confiscation by Prohibition and Excise Officers in certain cases - (1) Notwithstanding anything contained in this Act or any other law for the time being in force, where anything liable for confiscation under Section 45 is seized or detained under the provisions of this Act, the officer seizing and detaining such property shall, without any unreasonable delay; produce the said seized property before the Deputy Commissioner of Prohibition and Excise 4[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the Superintendent of Police / or the Executive Magistrate] who has jurisdiction over the area.

(2) On production of the said seized property under sub-section (1) the Deputy Commissioner of Prohibition and Excise 3[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the Superintendent of Police / or the Executive Magistrate] if satisfied that an offence under this Act has been committed, may, whether or not a prosecution is instituted for the commission of such an offence, order, confiscation of such property.

(3) While making an order of confiscation under sub-section (2), the Deputy Commissioner of Prohibition and Excise 3[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the Superintendent of Police / or the Executive Magistrate] may also order that such of the properties to which the order of confiscation relates which in his opinion cannot be preserved or are not fit for human consumption be destroyed.

(4) Where the Deputy Commissioner of Prohibition and Excise 3[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the Superintendent of Police / or the Executive Magistrate] 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 departmentally.

(5) The Deputy Commissioner of Prohibition and Excise 3[and / or the Deputy Commissioner of Special Enforcement Bureau and / or the Superintendent of Police / or the Executive Magistrate] shall submit a full report of all particulars of confiscation to the Commissioner of Prohibition 1. Proviso substituted by the Act No.4 of 1994, S.9 2. Omitted by the Act No. 4 of 1994, S.10 3 . Section Substituted by the Act No.20 of 1994 4 .Inserted by the Act No.17 of 2020, S.4 and Excise 3[and / or the Deputy Commissioner, Special Enforcement Bureau and / or District Magistrate as the case may be within twenty four hours of such confiscation.

(6) The 1[District Magistrate/Deputy Commissioner of Prohibition and Excise and/or the Deputy Commissioner of Special Enforcement Bureau and /or the Superintendent of Police / or the Executive Magistrate] shall for the purpose of this Act, have the same power as are vested in a Civil Court under the Code of Civil procedure, 1908 (Central Act 5 of 1908) when making enquiries under this section in respect of the following matters, namely :- (a) receiving evidence on affidavits, (b) summoning and enforcing the attendance of any person and examining him on oath; and (c) compelling the production of documents.

Section 45, The Andhra Pradesh Excise Act, 1968 (Act 17 of 1968).