Malaysia legislation
Section 23A
Section 23A
(2)
If there be no prosecution with regard to any thing or property seized under this Ordinance, such thing or property shall be taken and deemed to be forfeited at the expiry of one calendar month from the date of seizure unless before that date a claim thereto is made in the following manner:
(a)
any person asserting that he is the owner of such thing or property and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the authorized officer or police officer in whose possession such thing or property is held that he claims the same;
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(b)
upon receipt of such notice, the authorized officer or police officer, as the case may be, shall, unless the investigation into the offence is still pending, refer the claim to a Magistrate for decision;
(c)
the Magistrate to whom the claim is referred shall issue a summons requiring the claimant to appear before him and upon his appearance or default to appear, the Magistrate shall proceed to the examination of the claim and, on proof that an offence has been committed and that such thing or property was the subject matter of or was used in the commission of such offence, shall order the same to be forfeited or may in the absence of such proof, order its release;
(d)
any thing or property forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the direction of the Director; and
(e)
all sums of money received under this section shall be credited to the State Consolidated Fund.
(3)
Where any thing or property has been seized under this
Ordinance, an authorized officer may, subject to terms and conditions as the Director deems fit to impose, temporarily release such thing or property to the owner upon application and on security (as assessed by the Director) being furnished that such thing or property shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.
(4)
Where such owner fails to surrender the thing or property seized on demand by such authorized officer, or fails to produce it before a court of competent jurisdiction in accordance with subsection
(2)
, he shall be guilty of an offence and shall, upon conviction, be punished with a fine of not less than twenty thousand ringgit or ten times the value of the thing or property so seized, whichever is greater, or imprisonment not exceeding two years, or to both.
[Add. Cap. A211/2023]
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Prosecution