Section 48A

An order for the forfeiture or for the release of any book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing seized 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 book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or 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 book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing was the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of the offence.

If there is no prosecution with regard to any book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing seized under this Act, such book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing shall be taken and deemed to be forfeited at the expiration of one calendar month from the date it was seized unless a claim to it 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 such book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing referred to in subsection (3) and that it is not liable to

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forfeiture may personally or by his agent authorized in writing give written notice to an authorized officer of his claim.

On receipt of such notice under subsection (4), the authorized officer shall refer the claim to the Registrar who may direct that such book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing be released or forfeited, or may direct the authorized officer to refer the matter to a court for decision.

The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing and the person from whom it was seized to appear before the court and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing was the subject matter or was used in the commission of such offence, shall order the same to be forfeited or may, in the absence of such proof, order its release to the person entitled to it.

Any book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing forfeited or deemed to be forfeited shall be delivered to the authorized officer who shall dispose of it in accordance with the directions of the Registrar.

Where any book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing seized under this Act is of a perishable nature or where the custody of such book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing involves unreasonable expense and inconvenience, such book, account, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing may be sold by the authorized officer at anytime and the proceeds of the sale held by the authorized officer to abide by the result of any prosecution or claim under this section, or be disposed of in accordance with the provisions of this section.

40 Laws of Malaysia ACT 590

Release of seized book, etc.