Section 34
Power to detain, dispose and destroy animal, carcass, etc.
of Animal Welfare Enactment 2015
(1)
An enforcement officer or a police officer may detain any animal, carcass, conveyance, substance or other thing seized in respect of any offence under this Enactment until the conclusion of such criminal proceeding.
(2)
If the Director is satisfied that, and where applicable, any of the said animal, carcass, conveyance, substance or other thing -
(a)
is subject to speedy and natural decay;
(b)
is liable to die or physically deteriorate within a short time;
(c)
is liable to depreciate in value within a short time;
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(d)
is dangerous, toxic, harmful or poisonous substance such as banned and dangerous drugs or harmful and poisonous carcass or meat; or
(e)
the custody of which involves unreasonable expense and inconvenience, he may order the animal, carcass, conveyance, substance or other thing 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 proceedings.
(3)
The Director may give an order under subsection (2) if -
(a)
the owner or licensee has been given an opportunity to be heard; or
(b)
the Director is satisfied that it is not reasonably practicable to communicate with the owner or licensee.
(4)
The Director, in exercising his power under this section, shall have regard to the necessity of protecting value of the animal and avoiding any increasing of expenses which a person may be ordered to pay.
(5)
The owner of the animal, carcass, conveyance, substance or other thing that has been detained under subsection (1) shall pay such sum 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, carcass, conveyance, substance or other thing shall be forfeited.
(6)
For the purpose of this section, "animal" includes offspring of such animal.