Section 74

An order for the forfeiture or for the release of any goods seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the goods seized shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the goods seized were the subject matter of or were used in the commission of the offence, even though no person may have been convicted of such offence.

If there is no prosecution with regard to any goods seized in exercise of any power conferred under this Act, such goods shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim to such goods is made before the date in the manner as set out in subsections (4), (5) and (6).

Any person asserting that he is the owner of such goods and that they are not liable to forfeiture may, personally or by his agent authorized in writing, give written notice to an authorized officer that he claims the same.

On receipt of such notice the authorized officer shall refer the matter to a court for decision.

The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the goods and the person from whom they were seized to appear before it, and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such goods were the subject matter or were used in the commission of such offence, shall order the same to be forfeited or may, in the absence of such proof, order their release.

All goods forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the directions of the Director General.

Act 804