Confiscation and forfeiture of the proceeds or instruments of crime.
Section 338
SEC. 338. Confiscation and forfeiture of the proceeds or instruments of crime. - In addition to the penalty imposed for the violation of the provisions of Title IV, Sections 194, 195, 196, 197, 198, 199 and 201 of Title V, and Chapter V and Chapter VI of Title VIII all of this Code the same shall carry with it the confiscation and for-feiture in favor of the government of the proceeds of the crime or value of the goods, and the instruments or tools with which the crime was committed: Provided, however, That if, in the course of the proceedings it is established that the instruments or tools used in the illicit act belong to a third person, the same shall be confiscated and forfeited after due notice and hearing in a separate proceeding in favor of the government if such third person leased, let, chartered, or otherwise entrusted the same to the offender: Provided, further, That in case the lessee subleased, or the borrower, charterer or trustee allowed the use of the instrument or tools to the offender, such instruments, or tools shall, likewise, be confiscated and forfeited: Provided, finally, That property of common carriers shall not be subject to forfeiture when used in the transaction of their business as such common carrier, unless the owner or operator of said common carrier was, at the time of the illegal act, a consenting party or privy thereto, without prejudice to the owner's right of recovery against the offender in a civil or criminal action. Articles which are not subject to lawful commerce shall be destroyed.