35-10-13. Determination as to status of beverages seized--Order for return to owner or confiscation.
Upon hearing, the court shall determine whether alcoholic beverages seized were in fact used or possessed in violation of provisions of this title. If the court finds there was no such illegal use or possession, the court shall order the beverages returned to or held for the owner of the beverages. If the court determines that there was use or possession in violation of provisions of this title, the court shall adjudge the confiscation of the beverages.
Source: SDC 1939, §5.0122; SL 2008, ch 37, §198.