Section 23
Court to order release or forfeiture of things seized
of Entertainment Ordinance, 2000
—
An order for the forfeiture or release of any thing seized shall be made by the court before which the prosecution with regard thereto has been held, but the court shall order forfeiture if it is proved to its satisfaction that an offence against any provision of this
Ordinance or its by-laws has been committed and that the things seized were the subject matter of or were used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.
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(2)
All things forfeited shall be delivered to the Chief
Administrative Officer or to a police officer, as the case may be and shall be disposed of in accordance with the directions of the Chief
Administrative Officer or the police officer.
Things seized in respect of which there is no prosecution deemed to be forfeited if not claimed within two months 24.—
If there be no prosecution with regard to any thing seized under this Ordinance, such things shall be taken and deemed to be forfeited at the expiration of two calendar months from the date of seizure unless a claim thereto is made before that date in the manner hereinafter set forth.
(2)
Any person asserting that he is the owner of any thing seized under this Ordinance and that it is not liable to forfeiture may, either personally or by his agent authorized in writing, give written notice to the Chief Administrative Officer that he claims the same.
(3)
On receipt of a notice under subsection (2), the Chief
Administrative Officer may direct that such things be released or he may direct that the matter be referred to a Magistrate.
(4)
The Magistrate shall issue a summons requiring the person asserting that he is the owner of the things seized and the person from whom they were seized to appear before him, and upon their appearance or default to appear, due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence against this Ordinance or its by-laws has been committed and that such things were the subject matter or were used in the commission of such offence, shall order the same to be forfeited or, in the absence of such proof, shall order its release.
Obstruction