Section 26L

An order for the forfeiture or for the release of any things seized in exercise of any power conferred 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 things shall be

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Nasional Malaysia made if it is proved to the satisfaction of the Court that an offence under this Act or subsidiary legislation made thereunder has been committed and that the things were the subject matter of or were used in the commission of the offence notwithstanding that no person may have been convicted of such offence.

If there be no prosecution with regard to any things seized in exercise of any power conferred under this Act such things shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim thereto is made before the date in the manner hereinafter set forth.

Any person asserting that he is the owner of such things and that they are not liable to forfeiture may personally or by his agent authorized in writing give written notice to any authorized officer or any police officer not below the rank of Inspector that he claims the same.

On receipt of such notice the authorized officer or police officer shall refer the claim to the chief executive officer who may, after such inquiry as may be necessary, direct that such things be released or forfeited or may direct the authorized officer or police officer to refer the matter to a court for decision.

The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the things and the person from whom they were seized to appear before it and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act or subsidiary legislation made thereunder has been committed and that such things were the subject matter or were used in the commission of such offence shall order the same to be forfeited or may in the absence of such proof order their release.

All things forfeited or deemed to be forfeited shall be disposed of in accordance with the directions of the chief executive officer.

32 Laws of Malaysia ACT 244