Malaysia legislation
Section 128
Section 128
(a)
a claim to such goods or the proceeds of sale of such goods is made under subsection (2);
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(b)
a written application is made for the return of such goods under paragraph 115(1)(a) or (b); or
(c)
such goods are returned under the said paragraph (a) or (b).
(2)
Any person asserting that he is the owner of such goods or the proceeds of sale of such goods, as the case may be, and that they are not liable to forfeiture may give written notice to a senior officer of customs that he claims the same.
(3)
If there is a claim or a written application made within the period of thirty days referred to in subsection (1) and there is no prosecution with regard to the goods, the senior officer of customs shall, on the expiration of the period of thirty days, refer the claim or the application to the Director General.
(3A)
Upon reference by the senior officer of customs under subsection (3), the Director General may direct such senior officer of customs—
(a)
to release such goods or the proceeds of sale of such goods or the security furnished under paragraph 115(1)(a) or (b);
or
(b)
by information in the form and manner as determined by the
Director General, to refer the matter to a Magistrate of the
First Class for his decision.
(4)
The Magistrate of the First Class shall issue a summons requiring the person asserting that he is the owner of the goods or the proceeds of sale of such goods, and the person from whom the goods were seized, to appear before him, and upon their appearance or default to appear, due service of such summons being proved, the Magistrate of the First Class shall proceed to the examination of the matter, and upon proof that an offence against this Act or any regulations made thereunder has been committed and that such goods were the subject matter, or were used in the commission, of such offence, shall order such goods or the proceeds of sale of such goods or the amount secured under paragraph 115(1)(a) or (b), as the case may be, to be forfeited, or in the absence of such proof, may order the release of such goods or
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the proceeds of sale of such goods or the security furnished under paragraph 115(1)(a) or (b), as the case may be.
(5)
In any proceedings under subsection (4), section 119 shall apply to the person asserting that he is the owner of the goods and to the person from whom they were seized as if such owner or person had been the defendant in a prosecution under this Act.
Goods or amount forfeited may be delivered or refunded to the owner or other person