Section 30
Seizure and forfeiture of drugs, etc.
All dangerous drugs, syringes, pipes, lamps, utensils, books and documents in respect of which any police officer or officer of customs reasonably believes that an offence under this Act or any breach of the restrictions or conditions subject to or upon which any licence, permit or authorization has been granted has been or is being committed, together with any receptacle, package or conveyance or
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other article in which the same is found or which is reasonably suspected of having been used in the commission of the offence or breach, may be seized by such officer.
(2)
All things liable to seizure under this section, shall be liable to forfeiture.
(3)
Whenever any conveyance is seized under this section, the seizing officer shall forthwith give notice in writing of such seizure and the grounds thereof to the owner of such conveyance, if known, either by delivering such notice to him personally or by post at his place of abode:
Provided that such notice shall not be required to be given where such seizure is made in the presence of the offender or the owner of such conveyance or his agent, or in the case of a ship or an aircraft in the presence of the master or pilot as the case maybe.
(4)
Subsection (1) shall not apply to any ship of more than one hundred tons burden or to any train or to any aircraft belonging to any person carrying on a regular passenger or freight service to and from
Malaysia:
Provided that any such ship or aircraft may be detained by a police officer not below the rank of Sub-Inspector or a senior officer of customs pending an application to the Court for an order under section 38, which application shall be made as soon as practicable after the commencement of such detention of such ship or aircraft.
(5)
When any conveyance has been seized under this section, a police officer not below the rank of Sub-Inspector or a senior officer of customs may at his discretion return such conveyance to the owner of the same on security being furnished to the satisfaction of such officer that the conveyance shall be surrendered to him on demand.
(6)
An order for the forfeiture or for the release of anything liable to forfeiture under this section shall be made by the Court before which the prosecution with regard thereto has been held, and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the Court that an offence under this Act or any breach
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of the restrictions or conditions subject to or upon which any licence, permit or authorization has been granted has been committed and that the thing was the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of such offence or breach.
(7)
If there be no prosecution with regard to anything seized under this section, such thing shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim thereto is made before that date in the manner hereinafter set forth.
(8)
Any person asserting that he is the owner of anything liable to forfeiture under subsection (7) and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to a police officer not below the rank of Sub-Inspector or a senior officer of customs that he claims the same.
(9)
On receipt of such notice the police officer or the senior officer of customs shall refer the claim to a Sessions Court Judge in
Peninsular Malaysia or to a Magistrate of the First Class in the State of Sabah or Sarawak for his decision.
(10)
The Sessions Court Judge or the Magistrate to whom reference is made under subsection (9) shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before him, and upon their appearance or default to appear, due service of such summons being proved, the Sessions Court Judge or the Magistrate shall proceed to the examination of the matter and on proof that an offence under this
Act or a breach of the restrictions or conditions subject to or upon which any licence, permit or authorization has been granted has been committed and that such thing was the subject matter, or was used in the commission of such offence or breach shall order the same to be forfeited, or may in the absence of such proof order its release.
(11)
In any proceeding before any Court relating to the seizure of any dangerous drugs, syringes, pipes, lamps, utensils, books, documents, receptacles, packages or conveyance subject to forfeiture under this section the Court shall proceed with the trial or the appeal
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as the case may be on the merits of the case only without enquiring into the manner or form of making any seizure except in so far as the manner and form of seizure may be evidence on such merits.