Malaysia legislation
Section 77
Section 77
―(1) Where any thing has been seized under this Ordinance, a forest officer may, subject to terms and conditions as the Director deems fit to impose, temporarily release such thing to the owner on application and on security (as assessed by the Director) being furnished that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.
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(2)
Where such owner fails to surrender the thing seized on demand by such forest officer, or fails to produce it before a court of competent jurisdiction in accordance with subsection (1), 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 so seized, whichever is greater, or imprisonment not exceeding two years or to both and the security furnished under subsection (1) shall be forfeited to the State.
Power of Director to dispose of seized property 78.
The Director may direct that any thing seized under this
Ordinance be stored or kept in such place as he deems fit, or disposed of to any authorized person or body subject to such terms and conditions as he may determine and the proceeds of the disposal shall be held to abide by the result of any prosecution or claim under this section.
Forfeiture of things seized 79.―(1) Any thing liable to seizure under this Ordinance shall be liable to forfeiture.
(2)
An order for the forfeiture or for the release of any thing liable to forfeiture under this Ordinance shall be made by the Sessions
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 a forest offence 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.
(3)
If there be no prosecution with regard to any thing seized under this Ordinance, such thing 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 and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the forest officer or police officer in whose possession such thing is held that he claims the same;
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(b)
on receipt of such notice, the forest 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; and
(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 a forest offence has been committed and that such thing 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.
(4)
All things forfeited or deemed to be forfeited shall be delivered to the forest officer and shall be disposed of in accordance with the direction of the Director.
(5)
Notwithstanding the Criminal Procedure Code [Act 593], any application for release of things seized under this Ordinance shall be inquired into and disposed of according to the provisions herein contained.
(6)
The Government shall not be liable to any person for any deterioration in the quality or diminution in value, howsoever caused, of any thing seized under this Ordinance:
Provided that the deterioration in the quality or diminution in value is not as a result of the negligent act of its officers in carrying out their duties under this Ordinance.
(7)
When the trial of any forest offence is concluded, any forest produce in respect of which such offence has been committed, together with any machineries, tools, conveyances or other things or property seized pursuant to section 73 or 101 shall be forfeited to the
Government and be taken delivery of by the forest officer.
Power to stop, examine and detain forest produce 80.
A forest officer, police officer or officer of customs may stop any conveyance and examine any forest produce found therein or in any place in which such officer may lawfully be, and, if he has reason to believe that money is payable to the
Government in respect thereof, he may detain such produce until such money is paid.
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