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.