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

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s 23HSale and disposal of seized cocoa

(1)

The Director General may at any time direct that any cocoa seized under this Act be sold and the proceeds of the sale be held while waiting for the result of any prosecution under this Act if—

(a)

the cocoa is of a perishable nature or easily deteriorates in quality;

(b)

the custody of the cocoa involves unreasonable expense and inconvenience;

Malaysian Cocoa Board (Incorporation) 33

(c)

there is a lack or absence of adequate or proper facilities for the storage of the cocoa; or

(d)

the cocoa is believed to cause an obstruction or to be a hazard to the public.

(2)

Notwithstanding subsection (1), if an analyst certifies, or if the results of tests as certified by an analyst proves, that the cocoa tested by him is contaminated, the seizing officer may keep it in custody or, if no prosecution is instituted in respect of the cocoa, cause it to be disposed of in the manner determined by the Director

General.