Section 33

An order for the forfeiture of any fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things shall be made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things were the subject matter of or was used in the commission of the offence, even though no person may have been convicted of such offence.

If there is no prosecution with regard to any fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things seized under this Enactment, such fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things shall be taken and deemed to be forfeited at the expiration period of one calendar month from the date of service of a notice to the last known address of the person from whom the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things were seized indicating that there is no prosecution in respect of such fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things unless before the expiration of that period a claim thereto is made in the manner set out under subsections (6), (7), (8) and (9).

If no claim is made under subsection (6) within one calendar month from the date of service of the notice referred to under subsection (3), the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book,

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record, document, computerized data or other things seized under this Enactment shall be taken and deemed to be forfeited at the expiration of that period.

Where anything seized in exercise of the powers conferred under this

Enactment is of a perishable nature or is subject to speedy and natural decay, the

Director may direct such thing to be sold or destroyed at any time, and the proceeds of the sale held by the authorized officer to abide by the result of any prosecution under this Enactment.

Any person asserting that he is the owner of a fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things referred to under 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 officer in whose possession such fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things are held that he claim the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things.

On receipt of the notice referred to under subsection (6), the authorized officer shall refer the claim to a Magistrate.

The Magistrate to whom a matter is referred under subsection (7) shall issue a summons requiring —

If it is proved that an offence under this Enactment has been committed and that the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things were the subject matter of or were used in the commission of such offence, the Magistrate shall order the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things to be forfeited, and shall, in the absence of such proof, order its release.

Any fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things forfeited or deemed to be forfeited shall be delivered to the Director and shall be disposed of in such manner as the Director thinks fit.

No cost or damages arising from seizure to be recoverable