Malaysia legislation
Section 12
Section 12
(a)
if it is decided to institute criminal proceedings against any person in respect of an offence against this Act involving the controlled article, the Controller may—
(i)
retain the controlled article until the conclusion of those criminal proceedings and, except where the court orders confiscation thereof under section 26, shall dispose thereof in such manner as the court may order; or
(ii)
order that the controlled article be sold in such manner as will secure a reasonable price for it in the circumstances, and the proceeds of sale shall be kept until the conclusion of those criminal proceedings and, except where the court orders confiscation thereof under section 26, shall be disposed of in such manner as the court may order;
(b)
if it is otherwise decided, the Controller shall either restore possession to the owner or, instead of restoring possession, pay to the owner of the controlled article the maximum price fixed by any written law in respect of the controlled article or, if no maximum price has been so fixed, the market price of the controlled article, less an amount not exceeding twenty-five per centum of the maximum price or market price, as the case may be, being the expenses certified by the Controller to have been incurred by him in taking possession, storing and restoring possession of the controlled article as aforesaid.
(2)
Where, under section 11, possession has been taken of any vehicle, vessel or thing other than a controlled article, then—
(a)
if it is decided to institute criminal proceedings against any person in respect of an offence against this Act involving the vehicle, vessel or thing, the Controller may—
(i)
retain the vehicle, vessel or thing until the conclusion of those criminal proceedings and, except where the court orders confiscation thereof
16 Laws of Malaysia ACT 122
under section 26, shall dispose thereof in such manner as the court may order; or
(ii)
temporarily return the vehicle, vessel or thing to the owner thereof on security being furnished to the satisfaction of the Controller that the vehicle, vessel or thing will be surrendered to him on demand;
(b)
if it is otherwise decided, the Controller shall restore possession to the owner.
Sale of perishable etc., articles