Section 227

An order for the forfeiture of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized and liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized was the subject matter of or was used in the commission of the offence, notwithstanding that no person has been convicted of such offence.

If there is no prosecution with regard to any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized under this Act, such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter was seized indicating that there is no prosecution in respect of such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter, unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5) and (6).

Any person asserting that he is the owner of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter 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 land public transport officer or road transport officer in whose possession such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter is held that he claims the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter.

Land Public Transport 185

On receipt of the notice under subsection (4), the land public transport officer or road transport officer shall refer the matter to a

Magistrate for his decision.

The Magistrate to whom the matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter and the person from whom it was seized to appear before the Magistrate, and upon their appearance or default to appear, due service of the summons having been 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 the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized was the subject matter of or was used in the commission of such offence, the Magistrate shall order the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter to be forfeited, and shall, in the absence of such proof, order its release.

Any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter forfeited or deemed to be forfeited shall be delivered to the Director General of Land Public Transport and shall be disposed of in such manner as the Director General of Land Public

Transport thinks fit.

Cost of holding books, documents, etc., seized