Malaysia legislation
Section 46
Section 46
(2)
An order for the forfeiture of goods shall be made if it is proved to the satisfaction of the court that an offence against this
Ordinance has been committed and that the goods were the subject matter of, or were used in the commission of, the offence, notwithstanding that no person may have been convicted of such offence.
Goods seized in respect of which there is no prosecution deemed to be forfeited if not claimed within three months 47.—
Where no prosecution is initiated with regard to any goods seized under this Ordinance, such goods shall be deemed to be forfeited at the expiration of three calendar months from the date of seizure unless a claim thereto is made before that date in the manner hereinafter set forth.
(2)
Any person asserting that he is the owner of such goods and that they are not liable to forfeiture may personally, or by his agent authorized in writing in that behalf, give written notice to an
Assistant Comptroller that he claims the same.
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(3)
On receipt of such notice the Assistant Comptroller shall refer the claim to the Comptroller who may direct that such goods be released or may direct the Assistant Comptroller, by information in the prescribed form, to refer the matter to a Magistrate for his decision.
(4)
The Magistrate shall issue a summons requiring the person asserting that he is the owner of the goods and the person from whom they were seized to appear before him, and upon their appearance or default to appear, due service of such summons being proved, the
Magistrate shall proceed to the examination of the matter and on proof that an offence against this Ordinance has been committed and that such goods were the subject matter, or were used in the commission, of such offence shall order the same to be forfeited, or may in the absence of such proof order their release.
(5)
In any proceedings under subsection (4), section 50 shall apply to the person asserting that he is the owner of the goods and to the person from whom they were seized as if such owner or person had been the defendant in a prosecution under this Ordinance.
Comptroller may order return of goods seized