Section 46B

An order for the forfeiture of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

If there is no prosecution with regard to any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized under this Act, such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of the notice.

The notice referred to in subsection (3) shall indicate that—

Any person asserting that he is the owner of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the Director General or any officer duly authorized in writing by him in whose possession such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document is held that he claims the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document.

On receipt of the notice referred to in subsection (4), the

Director General or any officer duly authorized in writing by him shall refer the claim to a Sessions Court Judge.

The Sessions Court Judge to whom a matter is referred under subsection (6) shall issue a summons requiring the person asserting that he is the owner of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document and the person from whom it was seized to appear before him, and when the person appears or fails to appear, due service of the summons having been proved, the Sessions Court Judge shall proceed to the examination of the matter.

If it is proved that an offence under this Act has been committed and that the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document referred to in this subsection (7) was the subject matter of or was used in the commission of such offence, the Sessions Court Judge shall order the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document to be forfeited, and shall, in the absence of such proof, order its release.

Environmental Quality 65

Any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document forfeited or deemed to be forfeited shall be disposed of—

The list prepared in accordance with subsection (1) shall be delivered immediately to the person in control or in charge of the vehicle, ship, aircraft or premises where the seizure is made under section 38 or 46A, as the case may be.

Release of seized book, record, computer, etc.

46BB. (1) If any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document has been seized under this Act, the Director General or any officer duly authorized in writing by him who effected the seizure may, after referring to the Public Prosecutor, release the book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document to the person from whose possession, custody or control it was seized.

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A record in writing shall be made by the Director General or any officer duly authorized in writing by him effecting the release of the book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.

Cost of holding seized vehicle, ship, book, etc.

46BC. Where any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized under this Act is held in the custody of the Director General or any officer duly authorized in writing by him pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the Government by such person and shall be recoverable accordingly.