Section 64

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 have been convicted of such offence.

Where there is no prosecution with regard to anything seized, such thing shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of a notice to the last known address of the person from whom the thing was seized indicating that there is no prosecution in respect of such thing, unless before that date a claim thereto is made in the manner as set out in subsections (4), (5) and (6).

Any person asserting that he is the owner of the thing seized 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 custody such thing is held that he claims the thing.

On receipt of the notice referred to in subsection (4), the authorized officer shall refer the matter to a Judge of a Sessions

Court for a decision.

The Judge to whom a matter is referred under subsection (5)

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 the Judge, and on his appearance or default to appear, due service of the summons having been proved, the 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

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in the commission of such offence, shall order the thing to be forfeited and shall, in the absence of such proof, order its release.

Subject to subsection (2), any things forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in a manner to be determined by the Director

General.

If the authorized officer is satisfied that any blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or any other thing, contains a hazardous contaminant, the authorized officer shall cause the blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or any other thing, to be destroyed in a manner to be determined by the Director General.

Cost of holding goods, etc., seized