55B. Disposal of document, substance or matter

Amended

Last amended by an amending law of 2023. 2 amendments in all.

(1)

Any book, document, record, sample, substance or matter (called in this section the document, substance or matter) produced, taken or seized under this Act must —

(a)

where the document, substance or matter is produced in any criminal trial, be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010;

(b)

where the owner of the document, substance or matter consents to its disposal, be deemed to be forfeited; or

(c)

in any other case, be returned to the owner or reported to a Magistrate’s Court.

(2)

Where a document, substance or matter is reported to a Magistrate’s Court under subsection (1)(c), the Magistrate’s Court may order the document, substance or matter —

(a)

to be forfeited; or

(b)

to be disposed of in the manner that the Magistrate’s Court thinks fit.

(3)

Subject to any order to the contrary by the Magistrate’s Court, if the document, substance or matter is forfeited or deemed to be forfeited under this section, the document, substance or matter must be delivered to the Director-General of Health and must be disposed of in the manner that the Director-General of Health thinks fit.

(4)

This section does not affect any right to retain or dispose of property which may exist in law apart from this section.