Clause 3

Where it is proved to the satisfaction of a court that a vehicle has been used in the commission of an offence under section 68(3), and that the vehicle has been seized by the police, the court shall, on the written application of the Public Prosecutor, make an order for the forfeiture of the vehicle notwithstanding that no person may have been convicted of that offence.(2) An order for the forfeiture or for the release of a vehicle liable to forfeiture under this section may be made by the court before which the prosecution with regard to an offence under section 68(3) has been or will be held.(3) If there be no prosecution with regard to an offence under section 68(3), the vehicle seized under section 68(4) shall be forfeited at the expiry of one month from the date of the seizure unless a claim thereto is made before that date. Any person asserting that he is the owner of such vehicle may personally, or by his agent authorised in writing, give written notice to the Commissioner of Police that he claims the vehicle.(4) Upon receipt of a notice under subsection (3), the Commissioner of Police may direct that the vehicle be released or may refer the matter by information to a Magistrate.(5) The Magistrate shall, on receipt of an information under subsection (4), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and shall, on proof that the vehicle was used in the commission of an offence under section 68(3), order the vehicle to be forfeited, or may in the absence of such proof order its release.(6) No person shall, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under this section, be entitled to the costs of such proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.”.