Section 51
Forfeiture or release of seized property, etc.
of Solid Waste And Public Cleansing Management Enactment 2022
(1)
Any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any things found in the vehicle, seized in exercise of any power conferred by this Enactment shall be liable to forfeiture.
(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 things found in the vehicle, under this Enactment, 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 things 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 things found in the vehicle referred to in subsection(1) if it is proved to the satisfaction of the court that an offence under this Enactment 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 things found in the vehicle, seized under this Enactment, the authorized officer in whose custody it is held shall notify the person from whose possession, custody or control of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any things found in the vehicle, was seized of the 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 things found in the vehicle, seized under this Enactment 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 things found in
37
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 things is held that he claims the thing.
(8)
On receipt of the notice referred to in subsection (7), the authorized officer shall refer the claim to the Authority who -
(a)
may direct that the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any things found in the vehicle, be released; or
(b)
may direct the authorized officer in writing, to refer the matter to Magistrate for a decision.
(9)
The Magistrate to whom a matter is referred under subsection (8) 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 things 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 things 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 Enactment has been committed and that such things 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 things found in the vehicle, to be forfeited and shall, in the absence of such proof, order its release.
(10)
The property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any things found in the vehicle, forfeited or deemed to be forfeited shall be delivered to the Authority and shall be disposed of by the Authority in accordance with the directions of the Magistrate.
(11)
The Authority may direct that any things seized under this Enactment 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 -
38
(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.