STATE OF GUJARAT vs CHINUBHAI GOPALDAS

The Supreme Court held that under Section 98 of the Bombay Prohibition Act, confiscation of property can occur even if the accused is acquitted under Section 66(b) for lack of prosecution. The Court clarified that the presence of contraband in the property suffices for confiscation, irrespective of the prosecution's success. The High Court's order to return the bottles was set aside, directing that if any contraband is found in a sample analysis, the entire stock should be confiscated.