Section 47

Any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing seized in exercise of any power conferred by this Enactment shall be liable to forfeiture.

An order for the forfeiture of any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing 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 document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing were the subject matter of or was used in the commission of the offence, even though no person may have been convicted of such offence.

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If there is no prosecution with regard to any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other things under this Enactment, such document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing shall be taken and deemed to be forfeited at the expiration period of one calendar month from the date of service of a notice to the last known address of the person from whom the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing were seized indicating that there is no prosecution in respect of such document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing unless before the expiration of that period a claim thereto is made in the manner set out under subsections (6), (7), (8) and (9).

If no claim is made under subsection (6) within one calendar month from the date of service of the notice referred to under subsection (3), the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing seized under this Enactment shall be taken and deemed to be forfeited at the expiration of that period.

Where anything seized in exercise of the powers conferred under this Enactment is of a perishable nature or is subject to speedy and natural decay, the Director may direct such thing to be sold or destroyed at any time, and the proceeds of the sale held by the authorized officer to abide by the result of any prosecution under this Enactment.

Any person asserting that he is the owner of a document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing referred to under subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing are held that he claim the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing.

On receipt of the notice referred to under subsection (6), the authorized officer shall refer the claim to a Magistrate.

The Magistrate to whom a matter is referred under subsection (7) shall issue a summons requiring —

If it is proved that an offence under this Enactment has been committed and that the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing were the subject matter of or were used in the commission of such offence, the Magistrate shall order the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing to be forfeited, and shall, in the absence of such proof, order its release.

Any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, product, device, label, item or other thing forfeited or deemed to be forfeited shall be delivered to the Director and shall be disposed of in such manner as the Director thinks fit.

Cost of holding any document, record, etc., seized