Section 25J
Forfeiture of seized rubber, etc.
of Rubber Industry Board Enactment 1981
(1)
Any rubber, raw rubber, thing, book, document or other article seized in exercise of any power conferred under this Enactment shall be liable to forfeiture.
(2)
An order for the forfeiture of the rubber, raw rubber, thing, book, document or other article, shall be made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that the rubber, raw rubber, thing, book, document 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.
31
(3)
If there is no prosecution with regard to any rubber, raw rubber, thing, book, document or other article seized under this Enactment, such rubber, raw rubber, thing, book, document 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 to the last known address of the person from whom the rubber, raw rubber, thing, book, document or other article was seized.
(4)
The notice referred to in subsection (3) shall indicate that there is no prosecution in respect of such rubber, raw rubber, thing, book, document or other article 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 rubber, raw rubber, thing, book, document or other article referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorised in writing, given written notice to the enforcement officer in whose possession such rubber, raw rubber, thing, book, document or other article is held that he claims the rubber, raw rubber, thing, book, document 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 rubber, raw rubber, thing, book, document 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 and on proof that an offence under this Enactment has been committed and that such rubber, raw rubber, thing, book, document or other article was the subject matter of or was used in the commission of such offence, shall order the same to be forfeited and shall, in the absence of such proof order its release.
(8)
Any rubber, raw rubber, thing, book, document or other article forfeited or deemed to be forfeited shall be delivered to the enforcement officer and shall be disposed of in accordance with the directions of the Magistrate.
(9)
Where any rubber or raw rubber seized in exercise of the powers conferred under this Enactment is of perishable nature or is subject to speedy and natural decay or
32
where the custody of such rubber or raw rubber involves unreasonable expense and inconvenience, or is believed to cause obstruction or hazard to the public, the Board may direct that such rubber or raw rubber be sold at any time and the proceeds of the sale held to abide by the result of any prosecution under this Enactment.
(10)
The Board shall not be liable to any person for any deterioration, however caused, in the quality of any rubber or raw rubber seized under this Enactment.