Malaysia legislation
Section 50
Section 50
Forfeiture of things seized
(2)
An Order for the forfeiture or for the release of any thing liable to forfeiture under this Ordinance shall be made by the
Sessions Court before which the prosecution with regard thereto has been held and an Order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the Court that an offence has been committed, or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.
(3)
If there be no prosecution with regard to anything seized under this Ordinance, such thing shall be taken and deemed to be forfeited at the expiry of one calendar month from the date of seizure unless before that date, a claim thereto is made in the following manner:
(a)
any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the authorized person or police officer in whose possession such thing is held that he claims the same;
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(b)
on receipt of such notice, the authorized person or police officer, as the case may be, shall, unless the investigation into the offence is still pending, refer the claim to a Sessions
Court judge for decision; and
(c)
the Sessions Court judge to whom the claim is referred shall issue a summons requiring the claimant to appear before him and upon his appearance or default to appear, the Sessions
Court judge shall proceed to the examination of the claim and, on proof that an offence has been committed and that such thing was the subject matter of environment or was used in the commission of such offence, shall order the same to be forfeited or may in the absence of such proof order its release.
(4)
All things forfeited or deemed to be forfeited shall be delivered to the authorized person and shall be disposed of in accordance with the direction of the Chief Executive Officer.
(5)
Notwithstanding the Criminal Procedure Code [Act 593], any application for release of things seized under this Ordinance shall be inquired into and disposed of according to this Ordinance.
(6)
The Government shall not be liable to any person for any deterioration in the quality or diminution in value, howsoever caused, of any thing seized under this Ordinance:
Provided that the deterioration in the quality or diminution in value is not as a result of the negligent act of the authorized person in carrying out his duties under this Ordinance.
Additional powers