Section 79

Any object, material, book, document, receptacle, conveyance or other thing seized in exercise of any power conferred by this Enactment shall be liable to forfeiture.

An order for the forfeiture of any object, material, book, document, receptacle, conveyance or other thing 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 object, material, book, document, receptacle, conveyance or other thing 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.

If there is no prosecution with regard to any object, material, book, document, receptacle, conveyance or other thing seized under this Enactment, such object, material, book, document, receptacle, conveyance or other thing calendar month from the date of service of a notice to the last known address of the person from whom the object, material, book, document, receptacle, conveyance or other thing was seized indicating that there is no prosecution in respect of such object, material, book, document, receptacle, conveyance 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).

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 object, material, book, document, receptacle, conveyance or other thing seized under this Enactment shall be taken and deemed to be forfeited at the expiration of that period.

Any person asserting that he is the owner of object, material, book, document, receptacle, conveyance or other thing referred to in subsection (3) and that it

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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 object, material, book, document, receptacle, conveyance or other thing is held that he claims the object, material, book, document, receptacle, conveyance or other thing.

On receipt of the notice referred to in subsection (5), the enforcement officer shall refer the claim to a Magistrate.

The Magistrate to whom a matter is referred under subsection (6) shall issue a summons requiring –

If it is proved that and offence under this Enactment or any subsidiary legislation made under this Enactment has been committed and that object, material, book, document, receptacle, conveyance or other thing was the subject matter of or was used in the commission of such offence, the Magistrate shall order the object, material, book, document, receptacle, conveyance or other thing to be forfeited, and shall, in the absence of such proof, order its release.

Any object, material, book, document, receptacle, conveyance or other thing 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.

Property in forfeited object, etc.