Singapore legislation
Clause 63
Clause 63
Forfeiture
(1)
The court before which any person is tried for an offence under this Act 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 has been committed; and
the item seized was the subject-matter, or was used in the commission, of the offence.
(2)
Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion and make such order as it thinks appropriate.
(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 notwithstanding that no person has 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 shall order that the item be released to the owner thereof or the person entitled thereto.
(5)
If —
no prosecution is instituted with regard to any item which has been seized under the provisions of this Act; and
no claim is made for the item under section 51(2)(b),the item to which the notice relates shall be deemed to be forfeited.
(6)
Where the owner of any item seized under the provisions of this Act consents to its disposal, the item shall thereupon be deemed to be forfeited.
(7)
Any item forfeited or deemed to be forfeited under this section shall be delivered to the Commissioner and shall be disposed of in such manner as the Commissioner thinks fit.
(8)
The costs of the disposal of any item under subsection (7) shall be borne by the owner thereof or person entitled thereto.