Section 63:
Procedure in making confiscations.
(1) In the trial of offences under this Act, whether the
accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized
under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that
the article is so liable, it may order confiscation accordingly.
(2) Where any article or thing seized under this Act appears to be liable to confiscation under section
60 or section 61 or section 62, but the person who committed the offence in connection therewith is not
known or cannot be found, the court may inquire into and decide such liability, and may order
confiscation accordingly:
Provided that no order of confiscation of an article or thing 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 or thing, other than a narcotic drug, psychotropic substance
1[controlled substance], the opium poppy, coca plant or cannabis plant is liable to speedy and natural
decay, or if the court is of opinion that its sale would be for the benefit of its owner, it 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.
2* * * * *
Notes:
1. Ins. by s. 29, ibid. (w.e.f. 2-10-2001).
2. Sub-section (3) omitted by Act 9 of 2001, s. 29 (w.e.f. 2-10-2001).