Section 57

An order for the forfeiture or for the release of any goods, document, material, article or thing seized under this Act shall be made by the court before which the prosecution relating to it has been held and an order for the forfeiture of the goods, document, material, article or 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 goods, document, material, article or 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.

Geographical Indications 57

If there is no prosecution with regard to any goods, document, material, article or thing seized under this Act, such goods, documents, material, article or thing shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim to such goods, document, material, article or thing is made before the date in the manner set out in subsections (4), (5) and (6).

Any person asserting that he is the owner of such goods, document, material, article or thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to an Assistant Controller that he claims the same.

Upon receipt of the notice under subsection (4), the Assistant

Controller shall refer the claim to the Controller who may direct that such goods, document, material, article or thing be released or may direct the Assistant Controller to refer the matter to a court for decision.

The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the goods, document, material, article or thing and the person from whom it was seized to appear before the court and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such goods, document, material, article or thing was the subject matter or was used in the commission of such offence, shall order the same to be forfeited or may in the absence of such proof order its release to the person entitled to it.

Any goods, document, material, article or thing forfeited or deemed forfeited shall be delivered to the Assistant Controller who shall dispose it in accordance with the direction of the

Controller.

Where any goods, document, material, article or thing seized under this Act is of a perishable nature or where the custody of such goods, document, material, article or thing involves unreasonable expense and inconvenience, such goods, document, material, article or thing may be sold by the Assistant Controller at any time and the proceeds of the sale held by the Assistant

Controller to abide by the result of any prosecution or claim under this section.

Act 836

Release of seized goods, etc.