Section 23L

On receipt of the notice referred to in subsection (1), the authorized officer shall refer the matter to the Director General who may direct that the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article be released or may direct the authorized officer, by information in writing, to refer the matter to a Magistrate.

The Magistrate to whom a matter is referred under subsection (2) shall issue a summons requiring the Board and the person asserting that he is the owner of the cocoa or the proceeds of sale of the cocoa, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article and the person from whom the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article was seized to appear before the Magistrate and on their appearance or default to appear, due service of the summons having been proved, the

Magistrate shall proceed to the examination of the matter.

If it is proved 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 such offence, the

Magistrate shall order the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article to be forfeited, and shall in the absence of such proof order its release.

Any cocoa or the proceeds of sale of any cocoa, or any conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the directions of the Magistrate.

The Board shall not be liable to any person for any deterioration, no matter how arising, in the quality of any cocoa seized under this Act.

36 Laws of Malaysia ACT 343

Release of seized cocoa, etc.