Malaysia legislation
Section 41
Section 41
(2)
Where any seized conveyance, machinery, contrivance, or equipment is temporarily returned under subsection (1), a person who—
(a)
fails, on demand, to surrender the conveyance, machinery, contrivance, or equipment to the General Manager; or
(b)
contravenes any of the terms or conditions imposed under subsection (1), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Sale and disposal of seized sago product and nipah product 42.
The Board may, at any time direct that any sago product and nipah product seized under this Ordinance be sold or disposed of in the manner determined by the Board and if sold, the proceeds of the sale shall be held while waiting for the result of any prosecution under this Ordinance.
Forfeiture of things seized 43.―(1) Any thing seized under this Ordinance shall be liable to forfeiture.
(2)
An order for the forfeiture or for the release of anything liable to forfeiture under this Ordinance shall be made by the Sessions
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 an 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.
(3)
If there be no prosecution with regard to any thing seized under this Ordinance, 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 General Manager that he claims the same;
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(b)
on receipt of such notice, the General Manager, shall, unless the investigation into the offence is still pending, refer the claim to a Magistrate for decision; and
(c)
the Magistrate to whom the claim is referred shall issue a summons requiring the claimant to appear before him and upon his appearance or default to appear, the Magistrate shall proceed to the examination of the claim and, on proof that an 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.
(4)
All things forfeited or deemed to be forfeited shall be delivered to the General Manager and shall be disposed of in accordance with the Board’s direction.
(5)
Notwithstanding the Criminal Procedure Code [Act 593], any application for release of things seized under this Ordinance shall be inquired into and disposed of according to the provisions herein contained.
(6)
The Board shall not be liable to any person for any deterioration in the quality or diminution in value, howsoever caused, of any thing seized under this Ordinance:
Provided that the deterioration in the quality or diminution in value is not as a result of the negligent to fits officers in carrying out their duties under this Ordinance.
(7)
When the trial of any offence is concluded, any sago product and nipah product in respect of which such offence has been committed, together with any machineries, tools, conveyances or other things or property seized under this Ordinance shall be forfeited to the
Board.
Cost of holding seized sago product and nipah product, etc.