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Section 17

Delivery to owner

of Second-Hand Dealers Act 1946

ActIn forceProvision 17 of 22
Section 17
(1)

If any person is convicted in any court of an offence against Chapter XVII of the Penal Code [Act 574] in respect of any property, and it appears to the court that the same has been sold to a licensed dealer, the court, on proof of the ownership of the property, may, if it thinks fit, order the delivery thereof to the owner either on payment to the licensed dealer of the amount of the purchase price or any part thereof or without payment thereof or of any part thereof as to the court, according to the conduct of the owner and the other circumstances of the case, may seem just and fitting.

(2)

The court may also adjourn the proceedings for the attendance of the licensed dealer and may summon the licensed dealer to attend at the adjourned hearing.

(3)

If, after hearing the licensed dealer, the court is of the opinion that the licensed dealer has not exercised due care in purchasing any stolen property, it may order the licensed dealer to pay a fine not exceeding two thousand ringgit or to undergo imprisonment for a term which may extend to three months, or to suffer both such penalties and, if the property consists, in whole or in part, of motor vehicle parts, the court may order the licensed dealer to pay a fine not exceeding twenty thousand ringgit or to undergo imprisonment for a term which may extend to three years, or to suffer both such penalties.

Second-Hand Dealers 13