Malaysia legislation

Section 32

of *DANGEROUS DRUGS (FORFEITURE OF PROPERTY) ACT 1988

Section 32

(a)

no prosecution for any offence under any law is instituted with regard to such property;

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Laws of Malaysia ACT 340

(b)

no proceedings are commenced by the Public

Prosecutor for the forfeiture of such property under Part III; and

(c)

no claim in writing is made by any person that he is lawfully entitled to such property and that it is not liable to forfeiture under this Act or under the

Dangerous Drugs Act 1952, within three months from the date of its seizure, the property shall become forfeited immediately upon the expiration of the said period of three months.

(2)

Where within three months from the date of the seizure of any property under this Act, a claim in writing is made thereto by any person in the terms mentioned in paragraph

(1)

(c)

, the Public Prosecutor shall within fourteen days after the expiry of the said period of three months, refer such claim to a Sessions Court for its decision.

(3)

The Sessions Court to which a claim is referred under subsection (2) shall issue a summons requiring the person claiming that he is lawfully entitled to the property, and the person from whom it was seized, if he and his whereabouts are known, to appear before the court and upon such appearance or in default of such appearance, upon due service of such summons being proved, the Sessions Court shall proceed to the examination of the matter and if satisfied that no offence under this Act or under the Dangerous Drugs Act 1952

has been committed in respect of the property claimed and that such property is not illegal property, shall order the same to be released to the person claiming the same upon proof that he is lawfully entitled thereto, and shall, in any other case, order the property to be forfeited.

(4)

The provisions of this section shall be without prejudice to the power of a police officer to release from seizure any property under section 31.

Dangerous Drugs (Forfeiture of Property) 61

(5)

Where property has been forfeited under subsection

(1)

, it shall not be a bar to any prosecution for an offence under any law being instituted in respect of such property at any time thereafter.