Malaysia legislation
Section 15
Section 15
(2)
Any person asserting that he is the owner of anything liable to forfeiture under subsection (1) and that it is not liable to forfeiture may personally or by his agents authorized in writing give written notice to a fishery officer or a police officer not below the rank of an Inspector that he claims the same.
(3)
On receipt of such notice the fishery officer or police officer shall refer the claim to the court for its decision.
(4)
The court to which reference is made under subsection (3) shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before it, and upon their appearance or default to appear, due service of such summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act or any regulations or rules made thereunder has been committed and that such thing was the subject matter, or was used in the commission of such offence shall order the same to be forfeited, or may in the absence of such proof order its release.
(5)
The Minister may upon application made to him in writing through the Director General order anything forfeited under this Act whether forfeited or taken and deemed to be forfeited, to be delivered to the owner or
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other person entitled thereto, upon such terms and conditions as he deems fit:
Provided that any such application shall be made before the expiration of one calendar month from the date of forfeiture of such thing or from the date on which such thing shall be taken and deemed to be forfeited, as the case may be.
Criminal liability