Malaysia legislation
Section 15
Section 15
(2)
The notice mentioned in subsection (1) shall contain a description of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized and shall require a person who has a claim thereto to give written notice of his claim, personally or by his agent authorized in writing before the expiration of thirty days from the date of publication of the notice.
(3)
The notice shall be published—
(a)
by posting it in a conspicuous place—
(i)
on the Land Office, in the district in which the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized; and
(ii)
on the office of the authorized officer in the State in which the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized; and
(b)
where the Director General is of the opinion that publication in a newspaper is necessary, in such newspapers circulating in the State, in which the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized, as the Director General thinks fit.
18
Act 522
(4)
A person asserting that he is the owner of any padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized under this Act or any regulation made thereunder
(who is referred to in this section as “the claimant”) and that the same is not liable to forfeiture, may personally or by his agent authorized in writing give written notice to the authorized officer that he claims the same.
(5)
On receipt of the notice, the authorized officer shall refer the claim to the Director General who may direct that the padi, rice, receptacle, package, conveyance, vessel, book or document or other article be released to the claimant if he is satisfied that the claimant is the rightful owner thereof.
(6)
If the Director General is not satisfied that the claimant is the rightful owner of any padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized under this Act or any regulation made thereunder, he shall direct the authorized officer to refer the claim to a Magistrate of the First Class.
(7)
When a claim is referred to a Magistrate of the First Class under subsection (6) the Magistrate shall issue a summons requiring the claimant and the person from whom the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized, if he is not the claimant, to appear before him, and upon their appearance or default in appearance, due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this
Act or any regulation made thereunder has been committed and that the padi or rice was the subject matter of the offence, or that the receptacle, package, conveyance, vessel, book or document or other article was used in the commission of the offence, may order the same to be forfeited or shall in the absence of such proof, order its release to the person who in the opinion of the
Magistrate is the rightful owner thereof.
(8)
In any proceedings under subsection (7) the burden shall be on the claimant and on the person from whom the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized, if he is not the claimant, to prove that the padi or rice was not the subject matter of the offence or that the receptacle, package, conveyance, vessel, book or document or other article was not used in the commission of the offence.
Control of Padi and Rice 19
(9)
If in the opinion of the Magistrate the claimant is not the rightful owner of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized or where there is more than one claimant, none of the claimants is the rightful owner of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized, he shall order the same to be forfeited.
Release or disposal of padi, rice, etc.