Seterusnya, Mahkamah meneliti sama ada Pengadu telah menuruti keperluan seksyen 128 Akta Tersebut. Dalam menerangkan skim di bawah seksyen 128 Akta Tersebut, Mahkamah dalam kes Sarmiina (supra) memutuskan seperti berikut:- “[34]Subsection 128(1) provides inter alia all seized goods, where there is no prosecution, are deemed to be forfeited after one month from the date of the seizure unless the existence of facts as stated under s. 128(1)(a), (b) or (c). In other words, the goods are not to be deemed forfeited if any of the facts under s. 128(1)(a), (b), or (c) has been established. The provision of s. 128 is unambiguous and should not be given any other interpretation. [35] Next, if there is a claim under s. 128(1)(a) as alleged by the appellant in the present case, the claim must be referred to the Director General who then has two choices; either to release the goods to the claimant or if not, to direct the senior officer of RMCD to refer the matter to a Magistrate for decision as envisaged under s. 128(3) of Act 235. In other words, if the Director General decides not to release the goods, in the existence of a valid written claim under s. 128(1)(a), the claim must be referred to the Magistrate. The Director General has no other choice as the goods, if not released, cannot be forfeited where there is a valid written claim made within one month from the date of its seizure. The R5's statutory duty is to refer the matter to the Magistrate under the circumstances.”