Money Services Business Act 2011 · s 61

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61.
Release of the property, etc., seized
(1)
An investigating officer, unless otherwise ordered by any court, shall—
(a) on the close of investigations or any proceedings arising therefrom; or
(b) with the prior written consent of any officer of the Bank authorized by the Governor to act on his behalf for this

60                                          Laws of Malaysia purpose, or any investigating officer superior to him in rank, at any time before the close of investigations, release any property, apparatus, equipment, machinery, computer, computer output, system, document or information seized, detained or removed by him, or by any other investigating officer under this
Part, to the person from whom the property, apparatus, equipment, machinery, computer, computer output, system, document or information was seized, detained or removed, if he is satisfied that the property, apparatus, equipment, machinery, computer, computer output, system, document or information is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.
(2)
The investigating officer who effects the release under subsection (1) shall record in writing the circumstances of, and the reasons for, the release.
(3)
Where an investigating officer is unable to locate the person under subsection (1) from whom the property, apparatus, equipment, machinery, computer, computer output, system, document or information was seized, detained or removed, he shall make an application in writing to the court as to the disposal of such property, apparatus, equipment, machinery, computer, computer output, system, document or information.
(4)
The court upon receiving the application under subsection (3)
and being satisfied that the person under subsection (1) from whom the property, apparatus, equipment, machinery, computer, computer output, system, document or information was seized, detained or removed cannot be located shall order the same to be forfeited or disposed of by the Bank.

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s 61Release of the property, etc., seized

(1)

An investigating officer, unless otherwise ordered by any court, shall—

(a)

on the close of investigations or any proceedings arising therefrom; or

(b)

with the prior written consent of any officer of the Bank authorized by the Governor to act on his behalf for this

Part, to the person from whom the property, apparatus, equipment, machinery, computer, computer output, system, document or information was seized, detained or removed, if he is satisfied that the property, apparatus, equipment, machinery, computer, computer output, system, document or information is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.

(2)

The investigating officer who effects the release under subsection (1) shall record in writing the circumstances of, and the reasons for, the release.

(3)

Where an investigating officer is unable to locate the person under subsection (1) from whom the property, apparatus, equipment, machinery, computer, computer output, system, document or information was seized, detained or removed, he shall make an application in writing to the court as to the disposal of such property, apparatus, equipment, machinery, computer, computer output, system, document or information.

(4)

The court upon receiving the application under subsection (3)

and being satisfied that the person under subsection (1) from whom the property, apparatus, equipment, machinery, computer, computer output, system, document or information was seized, detained or removed cannot be located shall order the same to be forfeited or disposed of by the Bank.