Section 36M

An order for the forfeiture under subsection (1) shall be made if it is proved to the satisfaction of the Court that an offence under this Enactment or any regulations made under this Enactment has been committed and that the object, material, book, document or other thing was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

Where there is no prosecution with regard to any object, material, book, document or other thing seized in exercise of any power conferred under this Enactment, the same shall be taken and deemed to be forfeited at the expiration of one calendar month from the date it was seized unless a claim thereto is made before that date in the manner set out in subsections (4), (5), (6) and (7).

Any person asserting that he is the owner of any object, material, book, document or other thing seized under this Enactment and that the same are not liable to forfeiture may personally or by his agent authorised in writing by him give written notice to the

Director of his claim.

On receipt of a notice under subsection (3) the Director who may, after such inquiry as may be necessary, direct that any object, material, book, document or other thing seized be returned or forfeited or refer the matter to the Court for decision.

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The Court to which a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the object, material, book, document or other thing seized and the person from whom they were seized to appear before it and upon appearance or default to appear, due service of the summons being proved, the

Court shall proceed to examine the matter.

If it is proved that an offence under this Enactment or any regulations made under this Enactment has been committed and that object, material, book, document or other thing seized was the subject matter or was used in the commission of such offence, the Court shall order the same to be forfeited or may, in absence of such proof, order its release.

The Court shall upon conviction of an offence, order any thing seized to be forfeited and disposed of in accordance with the provisions under this Enactment.

Where any thing has been forfeited under this Enactment, the Director shall dispose such thing by way of auction or tender and the proceeds of sale shall belong to the

Government.