Full legislation
s.29A
Power to dispose, etc. of perishables, etc.
(1)
If an article liable to forfeiture under
section 27(1)
is, in the
opinion of the Commissioner, of a perishable nature or of such a nature that it is
difficult to store or is likely to deteriorate before the conclusion of any
proceedings relating to it, the Commissioner
may—
(a)
release the article to the owner or a person entitled to make a claim upon
payment by way of security to the Commissioner of an amount of money of not less
than the value of the seized article as assessed by the Commissioner or an
authorized officer;
(b)
for a perishable article, order that the
article—
(i)
be sold and the proceeds of the sale be retained by the Commissioner;
or
(ii)
be destroyed; or
(c)
for an article that is difficult to store or an article that is likely to
deteriorate before the conclusion of any proceedings relating to it, apply to a
magistrate, the District Court or the Court of First Instance for an order that
the article be sold and the proceeds of the sale be retained by the
Commissioner.
(Amended
25 of 1998 s. 2
)
(2)
The court to which an application has been made under subsection
(1
)(
c)
shall not make an order under that subsection unless it is
satisfied, in the case where the application is
made—
(a)
before the expiry of the period for making a claim under
section
27(5)
, the persons referred to in
section 27(3)
, (3A) and
(3B); or
(b)
after the expiry of the period referred to in paragraph (a), the persons
who have given notice to the Commissioner,
have been given notice of the application for an order to sell the
article.
(3)
Where an application is made under
section 28(1)
with respect to an
article which is liable to forfeiture under
section 27(1)
, the court may,
in lieu of ordering under
section 28(6)
or (7) that article be forfeited
to the Government or be delivered to the claimant, order that the money paid to the
Commissioner as security under subsection
(1
)(
a)
or retained by the
Commissioner under subsection
(1
)(
b)
or (c), be forfeited to the
Government or paid to the person giving the security or the claimant.
(Amended
66 of 2000 s. 3
)