Malaysia legislation
Section 60
Section 60
(2)
An order for the forfeiture of any equipment, device, material, book, record, account, document or other thing or any receptacle, package or conveyance 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 equipment, device, material, book, record, account, document or other thing or any 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.
(3)
If there is no prosecution with regard to any equipment , device, material, book, record, account, document or other thing or any receptacle, package or conveyance 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 equipment, device, material, book, record, account, document or other thing was seized indicating that there is no prosecution in respect of such equipment, device, material,
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book, record, account, document or other thing unless before the expiration of that period a claim thereto is made in the manner set out in subsections (5), (6), (7) and (8).
(4)
If no claim is made under subsection (5) within thirty days from the date of service of the notice referred to in subsection (3), the equipment, device, 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.
(5)
Any person asserting that he is the owner of equipment, device, 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 enforcement officer in whose possession such equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance is held that he claims the equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance.
(6)
On receipt of the notice referred to in subsection (5), the enforcement officer shall refer the claim to a Magistrate.
(7)
The Magistrate to whom a matter is referred under section (6) shall issue a summons requiring-
(a)
the person asserting that he is the owner of the equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance; and
(b)
the person from whom the equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance was seized, to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.
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(8)
If it is proved that an offence under this Enactment or any subsidiary legislation made under this Enactment has been committed and that equipment, device, material, book, record, account, document or other thing or 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, material, book, record, account, document or other thing or receptacle, package or conveyance to be forfeited, and shall, in the absence of such proof, order its release.
(9)
Any equipment, device, 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 Director and shall be disposed of in such manner as the Director thinks fit.
Cost of holding equipment, device, etc., seized