Section 56
Forfeiture of property where there is no prosecution
Subject to section 61, where in respect of any property seized under this Act there is no prosecution or conviction for an offence under subsection 4(1) or a terrorism financing offence, the Public
Prosecutor may, before the expiration of twelve months from the date of the seizure, or where there is a freezing order, twelve months from the date of the freezing, apply to a judge of the High Court for an order of forfeiture of that property if he is satisfied that such property is—
(a)
the subject-matter or evidence relating to the commission of such offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence.
(2)
The judge to whom an application is made under subsection (1)
shall make an order for the forfeiture of the property if he is satisfied—
(a)
that the property is—
(i)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(ii)
terrorist property;
(iii)
the proceeds of an unlawful activity; or
90 Laws of Malaysia
(iv)
the instrumentalities of an offence; and
(b)
that there is no purchaser in good faith for valuable consideration in respect of the property.
(3)
Any property that has been seized and in respect of which no application is made under subsection (1) shall, at the expiration of twelve months from the date of its seizure, be released to the person from whom it was seized.
(4)
In determining whether the property is—
(a)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence, the court shall apply the standard of proof required in civil proceedings.