Section 72

Where anything has been seized under this Ordinance the

Director may at his discretion temporarily return such thing to the owner of the same on security being furnished to his satisfaction that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.

The court may make an order of forfeiture if it is proved to the satisfaction of the court that an offence under this Ordinance or any rules made under this Ordinance has been committed and that the object, material, book, document or other thing was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

If there is no prosecution with regard to any antiquity or historical objector other items seized under this Ordinance, such antiquity or historical object or other items shall be taken and deemed to be forfeited at the expiration of a period of thirty days from the date of service of a notice to the last known address of the person from whom the antiquity or historical object or other items was seized indicating that there is no prosecution in respect of such antiquity or historical object or other items, unless before the expiration of that period a claim thereto is made in the manner set out in this section.

Any person asserting that he is the owner of the antiquity or historical object or other items referred to under subsection (4) and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the Director in whose 49

possession such antiquity or historical object or other items is held that he claims the object, material, book, document or other thing.

On receipt of the notice referred to in subsection (5), the

Director shall refer the matter to the Magistrate for a decision.

The Magistrate to whom a matter is referred under subsection (6) shall issue a summons requiring the person asserting that he is the owner of the antiquity or historical object or other items and the person from whom it was seized to appear before the

Magistrate, and when they appear or when they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to examine the matter.

If it is proved that an offence under this Ordinance or any rules made under this Ordinance has been committed and that antiquity or historical object or other items referred to in subsection

was the subject matter of or was used in the commission of such offence, the Magistrate shall order the object, material, book, document or other thing to be forfeited and shall, in the absence of such proof, order its release.

Any antiquity or historical object or other items forfeited or deemed to be forfeited shall be delivered to the Director and shall be disposed of in accordance with the directions of the Magistrate.

Where anything seized in exercise of the powers conferred under section 60 or 61 is of a perishable nature or where the custody of such thing involves unreasonable expense and inconvenience, the

Director, may direct that such thing be sold by way of tender at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.

Compounding of offences