Section 41A

Where there is no prosecution with regard to any equipment, machinery, conveyance, tools, produce, documents or other things seized in exercise of any powers conferred under this Enactment, the same shall be taken and deemed to be forfeited at the expiration of one calendar month from the date it was seized unless a claim thereto is made before that date in the manner hereinafter set forth.

Any person asserting that he is the owner of any equipment, machinery, conveyance, tools, produce, documents or other things seized under this Enactment and that the same are not liable to forfeiture may personally or by his agent authorised in writing by him give written notice to the Director of his claim.

On receipt of a notice under subsection (3) the Director who may, after such enquiry as may be necessary, direct that any equipment, machinery, conveyance, tools, produce, documents or other things seized be returned or forfeited or refer the matter to the Court for decision.

The Court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of any equipment, machinery, conveyance, tools, produce, documents or other things seized and the person from whom they were seized to appear before it and upon appearance or default to appear, due service of the summon being proved, the Court shall proceed to the examination of the matter and on proof that an offence under this Enactment or rules made thereunder has been committed and that such equipment, machinery, conveyance, tools, produce, documents or other things seized was the subject matter or was used in the commission of such offence, shall order the same to be forfeited or may, in absence of such proof, order the return of such equipment, machinery, conveyance, tools, produce, documents or other things seized to the person entitled to it.

The Court shall upon conviction of an offence, order anything seized to be forfeited and disposed of in accordance with the provisions under this Enactment.

Where anything has been forfeited under this Enactment, the Director shall dispose such thing by way of auction or tender and the proceeds of sale shall be deposited into the Environment Protection Fund.

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Disposal of perishable things seized