Section 31

An order for the forfeiture or for the release of any thing seized in exercise of any power conferred 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 thing 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 thing was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.

If there is no prosecution with regard to any thing seized in exercise of any power conferred under this Act, 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 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 set out in subsections (4), (5) and (6).

Any person asserting that he is the owner of the thing referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the mines officer in whose possession such thing is held that he claims the same.

On receipt of the notice referred to in subsection (4), the mines officer shall refer the claim to the Director who—

The Magistrate to whom a matter is referred under paragraph

32 Laws of Malaysia ACT 525

the owner of the thing and the person from whom it was seized to appear before the Magistrate and upon their 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 under this Act has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the same to be forfeited and shall, in the absence of such proof, order its release.

Any thing forfeited or deemed to be forfeited shall be delivered to the Director and shall be disposed of by the Director—

Where any thing seized in exercise of the powers conferred under this Act is of a perishable nature or is subject to speedy and natural decay or where the custody of such thing involves unreasonable expense and inconvenience, or is believed to cause obstruction or hazard to the public, the Director may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.

Cost of holding seized thing