Criminal Procedure Code · Updated to 1 May 2023 · Chapter XLI · Disposal of Exhibits and of Property the Subject of Offences
407A. Disposal of seized articles
Feedback & supportNotwithstanding any other provisions, the Public Prosecutor may apply to the Court for the disposal of any articles specified in subsection (2) at any time.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
The following seized articles may be disposed of under this section:
dangerous drugs seized under the
Dangerous Drugs Act 1952 [Act 234];
clandestine drug laboratories or premises;
valuable goods;
cash money;
noxious, deleterious, corrosive, explosive, dangerous, toxic, flammable, oxidising, irritant, harmful, poisonous, psychotropic and decay substances;
video compact discs, optic discs, films and other similar devices;
publication, books and other documents;
vehicles, ships and other forms of conveyance;
equipment and machineries;
timber and timber products;
rice, food and other perishable items; and
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other articles as may be determined by the Public Prosecutor that may be vulnerable to theft, substitution, constraints of proper storage space, high maintenance costs or any other considerations as the Public Prosecutor deems relevant.
The Court shall make an order for the disposal of the articles specified in the application made by the Public Prosecutor under subsection (1) subject to the following procedures being complied with:
an inventory of the articles containing the description, markings and other particulars which clearly identifies the articles has been made by the officer who seized the articles, and the Magistrate or Judge having the trial jurisdiction has certified that the inventory is correct;
photographs of the articles have been taken in the presence of a Magistrate or Judge having the trial jurisdiction, and the
Magistrate or Judge has certified that the photographs are true;
where possible, representative samples of the articles have been taken in the presence of a Magistrate or Judge having the trial jurisdiction, and the Magistrate or Judge has certified that the representative samples are the correct samples of the articles; and
where the articles are video compact discs, optic discs, films and other similar devices, the articles have been played for a Magistrate or Judge having the trial jurisdiction so as to ascertain the contents of the articles, and the Magistrate or
Judge has certified that the contents of the articles are correct.
Where the Court makes an order for the disposal of the articles under subsection (3), the Court may allow the accused to take photographs of the articles.
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