Section 35

An order for the forfeiture or for the release of any property, document or computerized data seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the property, document or computerized data 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 property, document or computerized data were the subject matter of or were used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.

If there be no prosecution with regard to any property, document or computerized data seized in exercise of any power conferred under this Act, such property, document or computerized data shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of a notice to the person from whom the property, document or computerized data were seized indicating that there is no prosecution in respect of such property, document or computerized data, unless a claim thereto is made before that date in the manner set out in subsections (4), (5) and (6).

Any person asserting that he is the owner of the property, document or computerized data referred to in subsection (3) and that they are not liable to forfeiture may personally or by his agent authorized in writing give written notice to an Assistant

Controller that he claims the same.

On receipt of the notice under subsection (4), the Assistant

Controller shall refer the notice to the Controller or Deputy

Controller, who may, after such enquiries as may be necessary, direct that such property, document or computerized data be released or forfeited or refer the matter to a Magistrate for his decision.

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The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the property, document or computerized data and the person from whom they were seized to appear before such Magistrate and upon their appearance or default to appear, due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such property, document or computerized data were the subject matter or were used in the commission of such offence shall order the same to be forfeited and shall, in the absence of such proof, order their release.

All things forfeited or deemed to be forfeited shall be delivered to the Assistant Controller and shall be disposed of in accordance with the directions of the Controller.

Where any goods seized in exercise of the powers, conferred by this Act are of a perishable nature or where the custody of such goods involves unreasonable expense and inconvenience, such goods may be sold at any time and the proceeds of the sale held to abide by the result of any prosecution or claim under this section.

No costs or damages arising from seizure to be recoverable