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Forfeiture of controlled drugs, controlled substances and articles seized

Misuse of Drugs Act 1973

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

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—(1) Where anything is seized under this Act, the officer who carried out the seizure must immediately give notice in writing of the seizure to the owner of that thing, if known, either by delivering the notice to the owner personally or by post at his or her place of residence, if known.(2) The notice under subsection (1) is not required to be given where the seizure is made in the presence of the offender or the owner or his or her agent, or in the case of a ship or an aircraft, in the presence of the master or captain thereof.(3) An order for the forfeiture of any controlled drug, controlled substance or article is to be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that such drug, substance or article was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence.(4) If there is no prosecution with regard to any controlled drug, controlled substance or article seized under this Act, that drug, substance or article is deemed to be forfeited to the Government on the expiry of one month from the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.(5) Any drug specified in the Fifth Schedule or any substance containing such drug is deemed to be forfeited to the Government on the expiry of one month after the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.

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