Malaysia legislation
Section 29
Section 29
(2)
An order for the forfeiture of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article, shall be made if it is proved to the satisfaction of the court that an offence under this
Act has been committed and that the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.
(3)
If there is no prosecution with regard to any plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article seized under this Act, such plant, animal, carcass, fish, agricultural
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produce, soil, microorganism or other article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of the notice.
(4)
The notice referred to in subsection (3) shall indicate that—
(a)
there is no prosecution in respect of such plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article;
(b)
such plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article, shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of such notice unless before that date a claim thereto is made in the manner set out in subsections (5), (6) and (7).
(5)
Any person asserting that he is the owner of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article 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 enforcement officer in whose possession such plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article is held that he claims the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article.
(6)
On receipt of the notice referred to in subsection (4), the enforcement officer shall refer the claim to a Magistrate.
(7)
The Magistrate to whom a matter is referred under subsection
(5)
shall issue a summons requiring the person asserting that he is the owner of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article and the person from whom it was seized to appear before him, and when the person appears or fails to appear, 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 Act has been committed and that the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article referred to in subsection (7) was the subject matter of or was used in the commission of such offence, the
Magistrate shall order the plant, animal, carcass, fish, agricultural
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produce, soil, microorganism or other article to be forfeited, and shall, in the absence of such proof, order its release.
(9)
Any plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article forfeited or deemed to be forfeited shall be disposed of in such manner as the Director General thinks fit.
Release of seized plant, animal, carcass, etc.