Section 70

An order for the forfeiture of the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article 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 kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

If there is no prosecution with regard to any kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, such kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article was seized indicating that there is no prosecution in respect of such kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5), (6) and (7).

Any person asserting that he is the owner of the kenaf, kenaf product, tobacco or tobacco product, or the proceeds of sale thereof, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (3)

and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized

Act 692

officer in whose possession such kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article is held that he claims the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article.

On receipt of the notice referred to in subsection (4), the authorized officer shall refer the matter to the Director General who may direct that the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article be released or may direct the authorized officer, by information in writing, to refer the matter to a Magistrate.

The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the Board and the person asserting that he is the owner of kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article and the person from whom it was seized to appear before the Magistrate, and when a representative of the Board and the owner thereof appear or any of them fails to appear, due service of the summons having been proved, the

Magistrate shall proceed to the examination of the matter.

If it is proved that an offence under this Act has been committed and that the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the Magistrate shall order the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article to be forfeited, and shall, in the absence of such proof, order its release.

Any kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the seizing officer and shall be disposed of in accordance with the directions of the Magistrate.

National Kenaf and Tobacco Board 53

Property right in forfeited kenaf or tobacco, etc.