I-8.1 - Act respecting offences relating to alcoholic beverages

Section 172 Disposition versions

1996-06-20

172. On the thirtieth day following a conviction for an offence under a provision of this Act, the alcoholic beverages seized by reason of the offence and their containers are confiscated by operation of law, except if a judge, on application of the defendant or of a third party, decides otherwise.

Upon a conviction for an offence under a provision of this Act, the judge may, on application of the prosecuting party, order the confiscation

(1)  of any vehicle or other thing seized and having been used to transport such beverages;

(2)  of movable property and equipment seized and having been used in the illegal sale of alcoholic beverages;

(3)  of any amount seized that constitutes the proceeds from the illegal sale of alcoholic beverages.

However, the judge shall order, at all times, on the application of the prosecuting party, the confiscation of alcoholic beverages that are unfit for human consumption.

Prior notice of the application for confiscation shall be given by the prosecuting party to the person from whom the things were seized and to the defendant, except where they are in the presence of the judge.

The clerk or a person under his authority must advise the Corporation of any order for the confiscation of alcoholic beverages made under this Act.

1971, c. 19, s. 176; 1986, c. 95, s. 155; 1992, c. 61, s. 340; 1993, c. 71, s. 22; 1996, c. 17, s. 7.

1994-02-03

172. Upon pronouncing a conviction for an offence under a provision of this Act, a judge may, on the application of the prosecuting party, order the confiscation

(1)  of any seized alcoholic beverages the possession of which is illegal;

(2)  of any receptacle, vehicle or other thing seized that is used to transport such beverages;

(3)  of seized movable property and equipment having served in the illegal sale of alcoholic beverages;

(4)  of any amount seized that constitutes the proceeds from the illegal sale of alcoholic beverages.

However, the judge shall order, at all times, on the application of the prosecuting party, the confiscation of alcoholic beverages that are unfit for human consumption.

Prior notice of the application for confiscation shall be given by the prosecuting party to the person from whom the things were seized and to the defendant, except where they are in the presence of the judge.

1971, c. 19, s. 176; 1986, c. 95, s. 155; 1992, c. 61, s. 340; 1993, c. 71, s. 22.

1993-11-01

172. Upon pronouncing a conviction for an offence under a provision of this Act, a judge may, on the application of the prosecuting party, order the confiscation

(1)  of any seized alcoholic beverages the possession of which is illegal;

(2)  of any receptacle, vehicle or other thing seized that is used to transport such beverages.

However, the judge shall order, at all times, on the application of the prosecuting party, the confiscation of alcoholic beverages that are unfit for human consumption.

Prior notice of the application for confiscation shall be given by the prosecuting party to the person from whom the things were seized and to the defendant, except where they are in the presence of the judge.

1971, c. 19, s. 176; 1986, c. 95, s. 155; 1992, c. 61, s. 340.

1987-02-15

172. When alcoholic beverages are seized under this Act, the court may order them confiscated, upon proof of any contravention of the law.

Notwithstanding the first paragraph, the court must order the confiscation of seized alcoholic beverages that are unfit for human consumption.

Saving the cases otherwise provided for by this Act, the Attorney General must, within the delays provided for by section 179, apply to the court for the confiscation of everything that can be confiscated under this Act.

1971, c. 19, s. 176; 1986, c. 95, s. 155.

1977-12-31

172. When alcoholic beverages are seized under this act, the court must order them confiscated, upon proof of any contravention of the law.

Saving the cases otherwise provided for by this act, the Attorney General must, within the delays provided for by section 179, apply to the court for the confiscation of everything that can be confiscated under this act.

1971, c. 19, s. 176.