Section 55A

An order for the forfeiture or for the release of any goods, document or computerized data seized in the exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the goods, document or computerized data shall be made if it is proved to the satisfaction of the court that an offence under this

Act has been committed and that the goods, document or computerized data 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.

If there be no prosecution with regard to any goods, document or computerized data seized in the exercise of any power conferred under this Act, such goods, document or computerized data shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of a notice to the person from whom the goods, document or computerized data were seized indicating that there is no prosecution in respect of such goods, document or computerized data, unless a claim thereto is made before that date in the manner set out in subsections (4), (5) and (6).

Any person asserting that he is the owner of the goods, document or computerized data 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 Assistant Controller in whose possession such goods, document or computerized data is held that he claims the goods, document or computerized data.

On receipt of the notice under subsection (4), the Assistant

Controller shall refer the notice to the Controller or Deputy Controller, who may, after such enquiries as may be necessary, direct that such property, document or computerized data be released or forfeited or refer the matter to a Magistrate for his decision.

Hire-Purchase 71

The Magistrate to whom the matter is referred under subsection

shall issue a summons requiring the person asserting that he is the owner of the goods, document or computerized data and the person from whom they were seized to appear before such Magistrate 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 under this Act has been committed and that such goods, document or computerized data were the subject matter or were used in the commission of such offence shall order the same to be forfeited and shall, in the absence of such proof, order their release.

Any goods, document or computerized data forfeited or deemed to be forfeited shall be delivered to the Assistant Controller and shall be disposed of in accordance with the directions of the

Controller.