§ 3-10-12 - Raw materials or substances, fixtures, implements, or apparatus intended for use in unlawful distillation or manufacture of distilled spirits declared contraband; property rights in cont - Georgia Statutes

O.C.G.A. 3-10-12 (2010)
3-10-12. Raw materials or substances, fixtures, implements, or apparatus intended for use in unlawful distillation or manufacture of distilled spirits declared contraband; property rights in contraband; procedures for seizure and disposition of contraband

(a) Any raw materials or substances, including, but not limited to, sugar of any grade or type, and any fixture, implement, or apparatus intended for use in the unlawful distilling or manufacturing of any distilled spirits are declared to be contraband.

(b) No person shall have any property right in or to any contraband specified in subsection (a) of this Code section.

(c) Whenever any property used or about to be used as specified in subsection (a) of this Code section is found or discovered, whether in transit, in storage, or at a site of unlawful distillation or manufacture, by any sheriff, deputy sheriff, revenue agent, or any other law enforcement officer, it is declared forfeited and shall be subject to the following dispositions, or any of them:

(1) When found or discovered at a site of unlawful distillation or manufacture, it may be summarily destroyed and rendered useless by any of the officers named in this subsection without any formal order of the court or, in the event any of the raw materials or substances are fit for human consumption or if any of the fixtures, implements, or apparatus are of any beneficial use to the educational authorities of the county for use in any of their educational programs, they may be delivered to the public schools of the county in which seized for use in the schools. When any of the foregoing items are delivered to a public school system, the officer delivering the items shall obtain from the appropriate school authorities an itemized receipt detailing all items delivered to the system. In the event any of the foregoing items are destroyed by a law enforcement officer, he shall execute an affidavit of such fact in which he shall list all items destroyed by him. The receipts and affidavits shall be maintained by the officer and shall be open to inspection by the public upon request; or

(2) When found or discovered in transit or in storage by any of the officers named in this subsection, the property shall be seized by the officer and the procedures of notice, condemnation, and sale provided in Code Section 3-10-11, applicable to vehicles and conveyances, shall be followed.