LAWS OF MALAYSIA

PART X - GENERAL

Chapter 3 - Powers Of Entry, Investigation Into Offences And Prosecution
Section 260. Forfeiture.

(1) Any facility, apparatus, equipment, device, thing or matter seized under this Act may be liable to forfeiture.

(2) An order for the forfeiture or for the release of any facility, apparatus, equipment, device, thing or matter liable to forfeiture under this section shall be made by the court before which the prosecution with regard to it has been held and an order for the forfeiture of the facility, apparatus, equipment, device, thing or matter shall be made if it is proved to the satisfaction of the court that an offence under this Act or its subsidiary legislation, or any breach of the conditions subject to which a licence has been granted or an assignment has been issued, has been committed and that the facility, apparatus, equipment, device, thing or matter was used in the commission of the offence despite the fact that no person may have been convicted of the offence or breach.

(3) If there is no prosecution with regard to any facility, apparatus, equipment, device, thing or matter seized in the exercise of any power conferred under this Act, the facility, apparatus, equipment, device, thing or matter shall be taken or deemed to be forfeited at the expiration of one calendar month from the date it was seized unless a claim to it is made before that date in the manner provided in this section.

(4) A person asserting that he is the owner of any facility, apparatus, equipment, device, thing or matter seized under this Act and that the facility, apparatus, equipment, device, thing or matter is not liable to forfeiture may personally or by his agent authorised in writing by him give written notice to the Commission or any authorised officer of his claim.

(5) On receipt of a notice under subsection (4), the Commission or any authorised officer shall, after such enquiry as may be necessary, direct that the facility, apparatus, equipment, device, thing or matter be released or forfeited or refer the case to a Sessions Court Judge for decision.

(6) The Sessions Court Judge to whom the case is referred shall issue a summons requiring the person asserting that he is the owner of the facility, apparatus, equipment, device, thing or matter and the person from whom they were seized to appear before him and upon his appearance or default to appear, due service of the summons being proved, the Sessions Court Judge shall proceed to the examination of the case and on proof that an offence under this Act has been committed and that the facility, apparatus, equipment, device, thing or matter was the subject-matter or was used in the commission of the offence, shall order the facility, apparatus, equipment, device, thing or matter to be forfeited or may, in the absence of such proof, order the release of the facility, apparatus, equipment, device, thing or matter to the person entitled to it.

(7) Any facility, apparatus, equipment, device, thing or matter forfeited or deemed to be forfeited shall be delivered to the Commission or an authorised officer who shall dispose of it in the manner as the Commission deems fit.