(235 ILCS 5/10-10) (from Ch. 43, par. 192)
Sec. 10-10.
Upon the issuance of any such search warrant,
it shall be the duty
of the officers executing the same to forthwith enter the house, building,
premises, boat, vehicle, receptacle or other place therein described,
either in the day time or night time, by force, if necessary, and to remove
therefrom and confiscate any alcoholic liquor manufactured, possessed or
kept for sale, contrary to the terms of this Act, and any machinery,
equipment or material used in connection therewith, and to hold such
property until all prosecution arising out of said search and seizure shall
have ended and determined, and it shall be the duty of the officers
executing such search warrant to arrest any person or persons found using
or in possession or control of such alcoholic liquor, articles or things.
All alcoholic liquor unlawfully manufactured, stored, kept, sold or
otherwise disposed of, and the containers thereof, and all equipment used
or fit for use in the manufacture or production of the same which are found
at or about any still or outfit for the unlawful manufacture of alcoholic
liquor on unlicensed premises are hereby declared contraband, and no right
of property shall be or exist in any person owning, furnishing or
possessing any such property, liquor, material or equipment, but all such
property, articles and things, including alcoholic liquor, shall be sold
upon an order of the court, in the manner hereinbefore provided, and the
proceeds thereof shall be disposed of in the manner herein provided for the
disposition of license fees paid to the State Commission; provided that
nothing shall be construed to prevent any officer whose duty it is to make
arrests from arresting, with or without a warrant, any person or persons
found violating any of the provisions of this Act; provided further, that
any officer executing a search warrant shall forthwith make his return
thereof to the court or officer issuing said search warrant of the manner
and date of his execution thereof, showing what, if anything, was seized
and held by said search, together with the name of the owner or owners, if
known, and shall attach to said return an accurate list or inventory of the
articles and things so seized.
It shall be the duty of the officer who has seized and is holding any of
the property mentioned in this section, to make application to the court on
final determination of any prosecution arising under said search and
seizure, and in which such prosecution shall have been commenced or
prosecuted for an order to sell such property, and the court, if satisfied
that the property so seized and held was, at the time of its seizure, being
kept or used, or was fit for use in the unlawful manufacture or production
of alcoholic liquor, then the court shall make an order that said property
and effects be sold by such officer and shall fix the time, place, manner
and notice of such sale, and the proceeds of such sale shall be paid over
to the State Commission; provided, however, that nothing contained in this
Act shall be considered to authorize the sale of any alcoholic liquor
unlawfully manufactured fit for human consumption which comes into the
possession of any officer by seizure, confiscation or forfeiture under the
provisions of this Act without the payment of all taxes required by the
laws of this State and of the United States; provided, further that all
such unlawfully manufactured alcoholic liquor which is unfit for human
consumption shall be destroyed.
(Source: P.A. 82-783.)
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