Singapore legislation
Section 32
Section 32
Forfeiture
(1)
The court before which any person is tried for an offence under this Act or the rules may make an order for the forfeiture of any item which has been seized under the provisions of this Act if —
the court is satisfied that —
an offence under this Act or the rules has been committed; and
the item seized was the subject matter, or was used in the commission, of the offence; and
having regard to the circumstances of the case, the court thinks it fit to order the forfeiture of the item.
(2)
Where no party raises the question of forfeiture under subsection (1), the court is to consider the question on its own motion.
(3)
The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act even though no person may have been convicted of an offence.
(4)
If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court is to order that the item be released to the owner of the item or the person entitled to the item.
(5)
In the absence of any prosecution with regard to any item which has been seized under the provisions of this Act, the Director‑General must give to the person from whom the item was seized or to the owner of the item written notice that the item, on the expiry of 7 days of the date specified in the notice, is deemed to be forfeited unless a claim to the item is made before then in accordance with subsection (6).
(6)
A person asserting —
that the person is the owner of, or is entitled to, any item which has been seized under the provisions of this Act; and
that the item is not liable to forfeiture,may, personally or by the person’s agent authorised in writing, give written notice to the Director‑General that the person claims the item.
(7)
On receipt of a notice under subsection (6), the Director‑General may direct that the item be released to the person who has given the notice or may refer the matter to a court for decision.
(8)
Where no claim is received on the expiry of 7 days of the date specified in the notice mentioned in subsection (5), the item to which the notice relates is deemed to be forfeited.
(9)
Where the owner of any item seized under the provisions of this Act consents to its disposal, the item is thereupon deemed to be forfeited.
(10)
Any item forfeited or deemed to be forfeited under this section must be delivered to an authorised officer and must be disposed of in such manner as the Director‑General thinks fit.