Section 28A
Forfeiture of instrument for weighing or measuring, etc.
of Weights and Measures Act 1972
Any weight or measure or instrument for weighing or measuring seized pursuant to this Act shall be liable to forfeiture.
(2)
The court trying any person accused of an offence under this Act or any regulations made thereunder may at the conclusion of the trial, whether he is convicted or not, order that weight or measure or instrument for weighing or measuring seized from that person be forfeited.
(3)
Where there is no prosecution with regard to any weight or measure or instrument for weighing or measuring seized in exercise of any powers conferred under this Act, 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.
(4)
Any person asserting that he is the owner of any weight or measure or instrument for weighing or measuring seized under this Act and that the same are not liable to forfeiture may personally or by his agent authorized in writing by him give written notice to the Deputy
Chief Inspector of his claim.
(5)
On receipt of a notice under subsection (4), the Deputy Chief
Inspector shall refer the notice to the Chief Inspector who may, after such enquiry as may be necessary, direct that such weight or measure or instrument for weighing or measuring be released or forfeited or refer the matter to the court for decision.
(6)
The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the weight or measure or instrument for weighing or measuring and the person from whom it was seized to appear before it and upon his appearance or default to appear, due service of the summons being proved, the court
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shall proceed to the examination of the matter and on proof that an offence under this Act or any regulations made thereunder has been committed and that such weight or measure or instrument for weighing or measuring was the subject matter 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 the release of such weight or measure or instrument for weighing or measuring to the person entitled to it.
(7)
Any weight or measure or instrument for weighing or measuring forfeited or deemed to be forfeited under this Act shall be disposed of in accordance with the direction of the Chief Inspector.