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Section 80

Forfeiture or release of equipment, instrument, etc., seized

of Electricity Supply Enactment 2024

State EnactmentIn forceProvision 80 of 112
Section 80
(1)

Any equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof seized in exercise of any power conferred by this Enactment shall be liable to forfeiture.

(2)

An order for the forfeiture of any equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof shall be made if it is proved to the satisfaction of the court that an offence under this

Enactment has been committed and that the equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof was the subject matter of or was used in the commission of the offence, even though no person may have been convicted of such offence.

(3)

If there is no prosecution with regard to any equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof seized under this Enactment, such equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof shall be taken and deemed to be forfeited at the expiration period of one calendar month from the date of service of a notice to the last known address of the person from whom the equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof was seized indicating that there is no prosecution in respect of such equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof unless before the expiration of that period a claim thereto is made in the manner set out in subsections (5), (6), (7) and (8).

(4)

If no claim is made under subsection (5) within thirty days from the date of service of the notice referred to in subsection (3), the equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof seized under this Enactment shall be taken and deemed to be

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forfeited at the expiration of that period.

(5)

Any person asserting that he is the owner of the equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof is held that he claims the equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof.

(6)

On receipt of the notice referred to in subsection (5), the authorized officer shall refer the claim to a Magistrate.

(7)

The Magistrate to whom a matter is referred under section (6) shall issue a summons requiring —

(a)

the person asserting that he is the owner of the equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof; and

(b)

the person from whom the equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof was seized, to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

(8)

If it is proved that an offence under this Enactment has been committed and that equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof was the subject matter of or was used in the commission of such offence, the Magistrate shall order the equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof to be forfeited, and shall, in the absence of such proof, order its release.

(9)

Any equipment, instrument, article, book, record, account, document,

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goods, thing, installation or part thereof forfeited or deemed to be forfeited shall be delivered to the Commission and shall be disposed of in accordance with the directions of the Magistrate.