Section 37N

An order for the forfeiture of any equipment, device, appliance, material, book, record, account, document or other thing or any receptacle, package or conveyance shall be

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made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that the equipment, device, appliance, material, book, record, account , document or other thing or the receptacle, package or conveyance was the subject matter of or was used in the commission of the offence, even though no person may have been convicted of such offence.

If there is no prosecution with regard to any equipment, device, appliance, material, book, record, account, document or other thing or any receptacle, package or conveyance seized under this Enactment, such equipment, device, appliance, material, book, record, account, document or other thing or receptacle, package or conveyance shall be taken and deemed to be forfeited at the expiration period of one calender month from the date of service of a notice to the last known address of the person from whom the equipment, device, appliance, material, book, record, account, document or other thing or the receptacle, package or conveyance was seized indicating that there is no prosecution in respect of such equipment, device, appliance, material, book, record, account, document or other thing or receptacle, package or conveyance unless before the expiration of that period a claim thereto is made in the manner set out in subsections (5), (6), (7) and (8).

If no claim is made under subsection (5) within one calendar month from the date of service of the notice referred to in subsection (3), the equipment, device, appliance, material, book, record, account, document or other thing or receptacle, package or conveyance seized under this Enactment shall be taken and deemed to be forfeited at the expiration of that period.

Any person asserting that he is the owner of an equipment, device, appliance, material, book, record, account, document or other thing or receptacle, package or conveyance 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 authorized officer in whose possession such equipment, device, appliance, material, book, record, account, document or other thing or receptacle, package or conveyance is held that he claims the equipment, device, appliance, material, book, record, account, document or other thing or receptacle, package or conveyance.

On receipt of the notice referred to in subsection (5), the authorized officer shall refer the claim to a Magistrate.

The Magistrate to whom a matter is referred under subsection (6) shall issue a summons requiring -

If it is proved that an offence under this Enactment or any regulations made under this Enactment has been committed and that the equipment, device, appliance, material, book, record, account, document or other thing or the receptacle, package or conveyance was the subject matter of or was used in the commission of such offence, the Magistrate shall order the equipment, device, appliance, material, book, record, account, document or other thing or the receptacle, package or conveyance to be forfeited, and shall, in the absence of such proof, order its release.

Any equipment, device, appliance, material, book, record, account, document or other thing or any receptacle, package or conveyance forfeited or deemed to be forfeited shall be delivered to the State Water Authority and shall be disposed of in such manner as the

State Water Authority thinks fit.

Cost of holding equipment, device, etc., seized