Page 33 - Act-234-Dangerous-Drugs-Act-1952

Dangerous Drugs 33

under section 38, which application shall be made as soon as
practicable after the commencement of such detention of such ship
or aircraft.

(5) When any conveyance has been seized under this section,
a police officer not below the rank of Sub-Inspector or a senior
officer of customs may at his discretion return such conveyance
to the owner of the same on security being furnished to the satisfaction
of such officer that the conveyance shall be surrendered to him on
demand.

(6) An order for the forfeiture or for the release of anything
liable to forfeiture under this section shall be made by the 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 under this
Act or any breach of the restrictions or conditions subject to or
upon which any licence, permit or authorization has been granted
has been committed and that the thing was the subject matter of
or was used in the commission of the offence notwithstanding that
no person may have been convicted of such offence or breach.

(7) If there be no prosecution with regard to anything seized
under this section, such thing shall be taken and deemed to be
forfeited at the expiration of one calendar month from the date of
seizure unless a claim thereto is made before that date in the
manner hereinafter set forth.

(8) Any person asserting that he is the owner of anything liable
to forfeiture under subsection (7) and that it is not liable to forfeiture
may personally or by his agent authorized in writing give written
notice to a police officer not below the rank of Sub-Inspector or
a senior officer of customs that he claims the same.

(9) On receipt of such notice the police officer or the senior
officer of customs shall refer the claim to a Sessions Court Judge
in Peninsular Malaysia or to a Magistrate of the First Class in the
State of Sabah or Sarawak for his decission.

(10) The Sessions Court Judge or the Magistrate to whom reference
is made under subsection (9) shall issue a summons requiring the
person asserting that he is the owner of the thing and the person
from whom it was seized to appear before him, and upon their
appearance or default to appear, due service of such summons