Malaysia legislation
Section 96
Section 96
(2)
Where any book, record, document, apparatus, equipment or instrument, has been seized under this Act, the Director General may, at his discretion, temporarily release such book, record, document, apparatus, equipment or instrument to its owner on security being furnished to the Director General’s satisfaction that the book, record, document, apparatus, equipment or instrument will be surrendered to him on demand or produced before a court of competent jurisdiction on demand.
(3)
An order for the forfeiture or for the release of all the things seized and liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the things 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 things seized were the subject matter of or were used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.
(4)
If there is no prosecution with regard to any thing seized such thing shall be taken and deemed to be forfeited at the expiration of
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one calendar month from the date of seizure unless before that date a claim thereto is made in the following manner:
(a)
a person asserting that he is the owner of the thing seized and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the
Inspector in whose possession such thing is held that he claims the thing;
(b)
in receipt of such notice the Inspector shall refer the claim to the Director General who may order that such thing be released or may direct such Inspector to refer the matter to a Magistrate or a Judge of a Sessions Court for a decision;
(c)
the Magistrate or Judge to whom the matter is referred shall issue a summons requiring the person asserting that he is the owner of the thing seized and the person from whom it was seized to appear before him and on his appearance or default to appear, due service of the summons having been proved, the Magistrate or Judge shall proceed to the examination of the matter and, on proof that an offence under this Act has been committed and that the thing seized was the subject matter of or was used in the commission of such offence, shall order the thing to be forfeited and shall, in the absence of such proof, order its release.
(5)
If—
(a)
an Inspector who has seized any blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical or any other thing under section 89 or 90 is satisfied that the blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical or any other thing, contains a prescribed contaminant; and
(b)
the blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical or any other thing is not required or is no
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longer required to be retained for the purpose of any legal proceedings, the Inspector shall cause the blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical or any other thing, to be destroyed.
No person entitled to costs, etc., on seizure