Section 53

An order for the forfeiture of any record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated seized 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 record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated seized was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

Where there is no prosecution with regard to any record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated seized under this Act, such record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated shall be taken as 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 record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated was seized indicating that there is no prosecution in respect of such record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5), (6) and (7).

Government Procurement 51

Any person asserting that he is the owner of the record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated referred to in subsection (3) and that it is not liable to forfeiture, may, personally or by his agent authorized in writing, give a written notice to the authorized officer in whose possession such record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated is held that he is claiming the record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated that is to be forfeited.

Upon receipt of the notice referred to in subsection (4), the authorized officer shall refer the claim to a Magistrate for his decision.

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 record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of

Government procurement being investigated that is to be forfeited and the person from whom it was seized to appear before him, and when they appear or they fail 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 record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the Magistrate shall order the record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of

Government procurement being investigated to be forfeited, and shall, in the absence of such proof, order its release.

Any record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in such manner as the authorized officer thinks fit.

Act 882

Property in forfeited things