Malaysia legislation
Section 90
Section 90
(2)
If prosecution is instituted with regard to any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, under this Act, the court before which the prosecution with regard thereto has been held may order the forfeiture or release of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle.
(3)
The court shall order the forfeiture of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle referred to in subsection (1) if it is proved to the satisfaction of the court that an offence under this Act 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.
(4)
If no prosecution is to be instituted with regard to any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, seized under this Act, the authorized officer in whose custody it is held shall notify the person from whose possession, custody or control the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, was seized of that fact and of the provisions of subsection (7).
(5)
A notice under subsection (4) shall be in writing and shall be sent to the last known address of the person concerned.
(6)
If no claim is made under subsection (7) within thirty days from the date of service of the notice referred to in subsection (4), the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, seized under this Act shall be taken and deemed to be forfeited at the expiration of that period.
(7)
A person who asserts that he is the owner of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, referred to in subsection (4) 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 thing is held that he claims the thing.
Act 672
(8)
On receipt of the notice referred to in subsection (7), the authorized officer shall refer the claim to the Director General who—
(a)
may direct that the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, be released; or
(b)
may direct the authorized officer in writing, to refer the matter to a Magistrate for decision.
(9)
The Magistrate to whom a matter is referred under paragraph (8)(b) shall issue a summons requiring—
(a)
the person asserting that he is the owner of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle; and
(b)
the person from whom the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, was seized, to appear before the Magistrate and upon their appearances or default to appear, but due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, to be forfeited and shall, in the absence of such proof, order its release.
(10)
Any property, equipment, machinery, book, record, document, container, receptacle or other article, or vehicle or any thing found in the vehicle, forfeited or deemed to be forfeited shall be delivered to the Director General and shall be disposed of by the Director General in accordance with the directions of the Magistrate.
Solid Waste and Public Cleansing Management 71
(11)
The Director General may direct that any thing seized under this Act be sold at any time and the proceeds of the sale be held pending the result of any prosecution or claim under this section if—
(a)
it is of a perishable nature or is subject to speedy and natural decay;
(b)
the custody of the thing involves unreasonable expense and inconvenience; or
(c)
it is believed to cause obstruction or hazard to the public.
Cost of holding seized property, etc.