Section 24
of Entertainment (Federal Territory of Kuala Lumpur) Act 1992
Section 24
(1)
If there be no prosecution with regard to any thing seized under this Act, such things shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim thereto is made before that date in the manner hereinafter set forth.
(1A)
All things deemed to be forfeited under subsection (1), may be sold by the Commissioner by a public auction and the proceeds from the sale shall be applied in payment of any fees owing from the licensee of any place of entertainment from which the things were seized and the costs of such auction, and the surplus, if any, shall be paid into the Federal Consolidated Fund.
(2)
Any person asserting that he is the owner of anything seized under the Act and that it is not liable to forfeiture may, either personally or by his agent authorized in writing, give written notice to the Commissioner that he claims the same.
(3)
On receipt of a notice under subsection (2), the Commissioner may direct that such things be released or he may direct that the matter be referred to a Magistrate.
(4)
The Magistrate shall issue a summons requiring the person asserting that he is the owner of the things seized and the person from whom they were seized to appear before him, and upon their
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Laws of Malaysia ACT 493
appearance or default to appear, due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence against this Act or any rules made thereunder has been committed and that such things were the subject matter or were used in the commission of such offence, shall order the same to be forfeited or, in the absence of such proof, shall order its release.
Obstruction