Malaysia legislation
Section 40
Section 40
Forfeiture or release of any thing or document seized
(2)
An order for the forfeiture of any thing or document shall be made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that any thing or document were the subject matter of or was used in the commission of the offence, even though no person may have been convicted of such offence.
(3)
If there is no prosecution with regard to any thing or document seized under this
Enactment, such thing or document shall be taken and deemed to be forfeited at the expiration period of one calendar month from the date of service of a notice to the last known address of the person from whom the thing or document were seized indicating that there is no prosecution in respect of such thing or document unless before the expiration of that period a claim thereto is made in the manner set out under subsections (5), (6),
(7)
and (8).
(4)
If no claim is made under subsection (5) within one calendar month from the date of service of the notice referred to under subsection (3), the thing or document seized under this Enactment shall be taken and deemed to be forfeited at the expiration of that period.
(5)
Any person asserting that he is the owner of any thing or document referred to under subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such thing or document are held that he claim the thing or document.
(6)
On receipt of the notice referred to under subsection (5), the authorized officer shall refer the claim to a Magistrate.
(7)
The Magistrate to whom a matter is referred under subsection (6) shall issue a summons requiring —
(a)
the person asserting that he is the owner of any thing or document; or
(b)
the person from whom the thing or document were seized, to appear before him, and when they appear or they fail to appear, after due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.
(8)
If it is proved that an offence under this Enactment has been committed and that any thing or document were the subject matter of or were used in the commission of such offence, the Magistrate shall order the thing or document to be forfeited, and shall, in the absence of such proof, order its release.
(9)
Any thing or document forfeited or deemed to be forfeited shall be delivered to the
Director and shall be disposed of in such manner as the Director thinks fit.
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No cost or damages arising from seizure to be recoverable