Malaysia legislation

Section 14

of LAW REFORM (ERADICATION OF ILLICIT SAMSU) ACT 1976

Section 14

Seizure and forfeiture of illicit samsu, etc.

(2)

Anything liable to seizure under this section shall be liable to forfeiture.

(3)

Whenever any conveyance is seized under this section the seizing officer shall forthwith give notice in writing of the seizure and the grounds for seizure to the owner of the conveyance, if known, either by delivering the notice to him personally or by registered post at his last known address:

Provided that no notice shall be necessary where the seizure is effected in the presence of the offender or the owner of the conveyance or his agent.

(4)

Subsection (1) shall not apply to any conveyance being a ship of more than two hundred tons net registered tonnage or an aircraft:

Provided that any such ship or aircraft may be seized by a senior officer pending an application to court for an order under section 8, which application shall be made as soon as practicable after the seizure.

(5)

When any conveyance has been seized under this section, a senior officer may return the conveyance to the owner on sufficient security being furnished to the satisfaction of that officer that the conveyance shall be surrendered to him on demand.

(6)

An order for the forfeiture or for the release of anything liable to forfeiture under this section shall be made by the court before which the prosecution with regard thereto has been held, and an order for the forfeiture of the thing 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 thing was the subject matter or was used in the commission of the offence notwithstanding that no person may have been convicted of the offence.

(7)

If there is no prosecution with regard to anything seized under this section, that thing shall be taken and deemed to be forfeited at the expiration of one month from the date of seizure unless a claim for it is made before that date in accordance with this section.

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(8)

Any person asserting that he is the owner of anything liable to forfeiture under subsection (7) and that it is not so liable may personally or by his agent authorized in writing give written notice to a senior officer that he claims the same.

(9)

On receipt of any notice given under subsection (8), the senior officer shall refer the claim to the Sessions Court Judge for his decision.

(10)

The Sessions Court Judge to whom reference is made under subsection (9) 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 him, and upon their appearance or default in appearing, due service of the summons being proved, the Sessions

Court Judge shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that the thing was the subject matter or was used in the commission of the offence, shall order the same to be forfeited, or may in the absence of such proof order its release.

(11)

The Minister may upon application made to him in writing order anything seized under this Act, whether forfeited or taken and deemed to be forfeited, to be delivered to the owner or other person entitled to it upon any terms and conditions the Minister may deem fit to impose:

Provided that the application shall be made before the expiration of one month from the date of forfeiture of the thing or from the date on which it shall be taken and deemed to be forfeited, as the case may be.

Mode of seizure not to affect case adversely