Malaysia legislation
Section 94
Section 94
(2)
Where any thing has been seized under this Act, a forest officer not below the rank of District Forest Officer may, at his discretion, temporarily release such thing to the owner of the same on security being furnished to his satisfaction that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.
(3)
An order for the forfeiture or for the release of any thing liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the court that a forest offence has been committed and that the thing 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.
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National Forestry
(4)
If there be no prosecution with regard to any thing seized under this Act, such thing shall be taken and deemed to be forfeited at the expiry of one calendar month from the date of seizure unless before that date a claim thereto is made in the following manner:
(a)
any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the forest officer or police officer in whose possession such thing is held that he claims the same;
(b)
on receipt of such notice the forest officer or police officer, as the case may be, shall refer the claim to the
Director who may order that such goods be released or may direct such officer to refer the matter to the Magistrate or Judge of a Sessions Court for decision;
(c)
the Magistrate or Judge to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before him and upon his appearance or default to appear, the Magistrate or Judge shall proceed to the examination of the matter and, on proof that a forest offence has been committed and that such thing was the subject matter of or was used in the commission of such offence, shall order the same to be forfeited or may in the absence of such proof order its release.
(5)
All things forfeited or deemed to be forfeited shall be delivered to the District Forest Officer and shall be disposed of in accordance with the direction of the Director.
(6)
Where any thing seized under this Act is of a perishable nature or is subject to speedy and natural decay or where the custody of such thing involves unreasonable expense and inconvenience, or is believed to cause obstruction or hazard to the public, the Director may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.
(7)
The State Authority shall not be liable to any person for any deterioration, howsoever caused, in the quality of any thing seized under this Act.
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No costs, damages, etc., on seizure