Section 21

An order for the forfeiture or for the release of any document, equipment or other thing liable to forfeiture under this section shall be made by the court before which the prosecution was held and an order for the forfeiture of the document, equipment 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 document, equipment or 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.

If there is no prosecution with regard to any document, equipment or thing seized in the exercise of any power conferred under this Act, the document, equipment 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 was made before that date in the manner provided in this section.

A person asserting that he is the owner of any document, equipment or thing seized under this Act and that the document, equipment or thing is not liable to forfeiture may, personally or by his agent authorized in writing, give written notice to a police officer not below the rank of Inspector of his claim.

On receipt of a notice under subsection (4) the police officer shall, after such enquiry as may be necessary, direct that the document, equipment or thing be released or refer the case to a

Sessions Court for decision.

14

The Sessions Court to whom the case is referred shall issue a summons requiring the person asserting that he is the owner of the document, equipment or thing and the person from whom it was seized to appear before him and upon their appearance or default to appear, due service of such summons being proved, the

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

Any document, equipment or thing forfeited or deemed to be forfeited shall be delivered to the Inspector General of Police or to an officer duly authorized by him and the Inspector General of Police or such officer shall dispose of it in the manner provided for in the order or as he thinks fit.

Delegation by Minister