Malaysia legislation
Section 37
Section 37
(1A)
Notwithstanding any other written laws to the contrary, all things seized under this Enactment shall not be released to the owner until the final disposal of the case before a Court of competent jurisdiction.
(2)
Whenever anything mentioned under paragraph (d) of subsection (1) of section 36 is seized, the seizing officer shall forthwith –
(a)
where the seizure is made by any other person than the Chief Conservator, deliver such thing into the control or custody of the Chief Conservator; and
(b)
except where the seizure is made in the presence of the owner, his agent or servant, as the case may be, give notice in writing of such seizure and the grounds thereof to the owner of such thing –
(j)
if known, either by delivering such notice to him personally or by post at his place of abode or business; or
(ii)
if unknown, by publishing such notice in any manner as he thinks fit.
(3)
An order for the forfeiture or for the release of anything liable to forfeiture under this Enactment 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 Enactment or any breach of the restrictions or conditions subject to or upon which any agreement has been entered into or any licence, or permit 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.
(4)
If there be no prosecution with regard to anything seized under this Enactment, 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.
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(5)
Any person asserting that he is the owner of anything liable to forfeiture under this Enactment and that it is not liable to forfeiture may personally or by his agent authorised in writing give written notice to the Chief Conservator that he claims the same.
(6)
On receipt of such notice the Chief Conservator shall refer the claim to a Magistrate of the First
Class for his decision.
(7)
The Magistrate to whom reference is made under subsection (6) shall issue a summon 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 Magistrate shall proceed to the examination of the matter and on proof that an offence under this Enactment or a breach of the restrictions or conditions subject to or upon which any agreement has been entered into or any licence or permit has been granted has been committed and that such thing was the subject matter, or was used or reasonably suspected of having been 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.
(8)
Notwithstanding anything in this section, if anything seized under this Enactment is subject to speedy and natural decay or deterioration, the Chief Conservator may sell the thing and shall thereafter deal with the proceeds of such sale as he would have dealt with such thing had it not been sold.
(9)
In any proceeding before any Court relating to seizure of anything under this Enactment subject to forfeiture under this section the Court shall proceed with the trial or the appeal 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.
(10)
All things forfeited shall be delivered to the Chief Conservator and shall be sold in accordance with the provisions of this Enactment.
No costs, damages etc., on seizure.