Malaysian Cocoa Board (Incorporation) Act 1988 · s 23K

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23K.
Forfeiture or release of seized cocoa, etc.
(1) If prosecution is instituted with regard to any cocoa or the proceeds of sale of any cocoa, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, the court before which the prosecution with regard to the matter has been held may order the forfeiture or release of the thing concerned.

34                                     Laws of Malaysia                          ACT 343
(2)
The court shall order the forfeiture of the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article 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 no prosecution is to be instituted with regard to any cocoa or the proceeds of sale of any cocoa, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, the authorized officer in whose custody it is held shall notify the person from whom the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article was seized of that fact and of the provisions of section 23L.
(4)
A notice under subsection (3) shall be in writing and shall be sent to the last-known address of the person concerned.
(5)
If no claim is made under section 23L within thirty days from the date of service of the notice referred to in subsection (3), the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article seized shall be taken and deemed to be forfeited at the expiration of that period.

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s 23KForfeiture or release of seized cocoa, etc.

(1)

If prosecution is instituted with regard to any cocoa or the proceeds of sale of any cocoa, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, the court before which the prosecution with regard to the matter has been held may order the forfeiture or release of the thing concerned.

34 Laws of Malaysia ACT 343

(2)

The court shall order the forfeiture of the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article 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 no prosecution is to be instituted with regard to any cocoa or the proceeds of sale of any cocoa, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, the authorized officer in whose custody it is held shall notify the person from whom the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article was seized of that fact and of the provisions of section 23L.

(4)

A notice under subsection (3) shall be in writing and shall be sent to the last-known address of the person concerned.

(5)

If no claim is made under section 23L within thirty days from the date of service of the notice referred to in subsection (3), the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article seized shall be taken and deemed to be forfeited at the expiration of that period.