Section 40

Any person asserting that he is the owner of such goods and that they are not liable to forfeiture may personally or by his agent

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authorize in writing give written notice to a senior officer of customs that he claims the same.

On receipt of such notice the senior officer of customs shall refer the claim to the Director General who may direct that such goods be released or may direct such senior officer of customs, by information in the prescribed form, to refer the matter to the Magistrate of the First

Class for his decision.

The Magistrate of the First Class shall issue a summons requiring the person asserting that he is the owner of the goods and the person from whom they were 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 against this Act has been committed and that such goods were the subject matter, or used in the commission, of such offence, shall order the same to be forfeited, or may in the absence of such proof order their release.

Goods seized may be delivered to the owner or other person