# The Bihar Prohibition and Excise (Amendment) Act, 2022, Section 9: Insertion of a new section-57A after section-57 of Bihar Prohibition and Excise Act, 2016

- Act: The Bihar Prohibition and Excise (Amendment) Act, 2022 (Act 171 of 2022)
- Source URL: https://indiacode.ecourtsindia.com/bihar-prohibition-excise-amendment-act-2022/section/9/

## Text

A new section -57A shall be inserted after section -57 of Bihar Prohibition and Excise Act, 2016 as under :- "57A- Destruction of seized Items, particularly Intoxicants- (1) Notwithstanding anything contained in section -451 of the Code of Criminal Procedure 1973 (Act 2 of 1974), the Collector or an officer authorized by him shall have the power to order destruction of seized items, particularly intoxicants, if, in his opinion, the seized items or intoxicants are liable to be misused or are occupying public places endangering public safety. (2) The Collector or the officer authorized by him may order the destruction even in cases where the confiscation proceeding under section -58 or the trial by the Special Court has not concluded. Such destruction shall be ordered on the basis of the report of the Investigation Officer who shall, while asking for the destruction of the seized intoxicants, include the result of the chemical examination. (3) The Collector or the officer authorized by him shall cause the destruction to be done after having obtained the chemical examination report. (4) The Collector or the officer authorized by him shall also ensure that such destruction is carried in the presence of an Executive Magistrate and the process is duly recorded using latest electronic technology like mobile phones or videography. Any other things like utensils, empty bottles, pouches, packages etc may also be destroyed. The entire proceeding of such destruction shall be safely kept till the disposal of the case. (5) Upon such destruction, the Collector or the officer authorized by him shall submit a report to the concerned special court. The said report shall be treated as exhibit, be admissible as a public document under section -74 of the Indian Evidence Act 1872 (Act 1 of 1872) and shall constitute the evidence for the purpose of the trial."

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