Section 62
Power to seize, destroy and dispose of animal or bird, etc.
(1)
If an enforcement officer, a police officer or an officer of customs has reason to believe that any person has committed an offence against this Enactment or any subsidiary legislation made under this Enactment, he may seize any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data in any premises by means of which such offence has been committed and which is a subject matter in relation to the evidence necessary to establish the commission of the offence.
(2)
Where under this section any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data has been seized in respect of such offence then the enforcement officer, police officer or officer of customs may retain the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data until the conclusion of such criminal proceedings.
(3)
If the Director is satisfied that, and where applicable, any of the said animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package -
(a)
is subject to speedy and natural decay;
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(b)
is liable to die, deteriorate in quality or spoil within a short time;
(c)
is liable to depreciate in value within a short time; or
(d)
the custody of which involves unreasonable expense and inconvenience, he may order the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package to be destroyed or otherwise disposed of in such manner as the Director thinks fit, and the proceeds of sale, if any, shall be kept until the conclusion of such criminal proceedings.
(4)
If upon an application, the court is satisfied that any of the animal, bird, animal product, bird product, carcass, dung or any article or substance is found to be imported or exported without any import or export licence or has not complied with any conditions of the licence under this Enactment or from an unknown source or any source not approved under this Enactment, it shall order the animal, bird, animal product, bird product, carcass, dung or any article or substance to be destroyed or disposed of immediately by the enforcement officer.
(5)
The owner of the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data that has been seized under subsection (1) shall pay such sums as the
Director may consider reasonable to cover the expenses connected with the removal to a place of detention and unless such sum is paid within a specified time the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package shall be forfeited.