Section 37

When any motor vehicle has been seized under subsection (1), a road transport officer or a police officer not below the rank of

Inspector may, at his discretion, temporarily return such vehicle to the owner of the vehicle, on security being furnished to the satisfaction of such officer that the vehicle shall be surrendered to him on demand.

An order for the forfeiture or for the release of any motor vehicle seized under subsection (1) shall be made by the court before which the prosecution with regard thereto has been held.

An order for the forfeiture of a vehicle under subsection (3)

shall be made if it is proved to the satisfaction of the court that an offence against this Act has been committed and that the vehicle was the subject matter of the offence, notwithstanding that no person may have been convicted of such an offence.

Where there is no prosecution with regard to any motor vehicle seized under subsection (1), such vehicle shall be released at the

28 Laws of Malaysia ACT 594

expiration of one calendar month from the date of seizure unless it has sooner been released.

Avoidance of contracts