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Procedure when person entitled to seized item is known, unknown or cannot be found

Misuse of Drugs Act 1973

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Subject to subsections (2) to (11), if a relevant officer determines that any seized item is not required for the purposes of any investigation or proceedings for any offence under this Act, the relevant officer may return the seized item to the owner of the seized item, or any person authorised by the owner.(2) If the owner of any seized item is known, a relevant officer must notify the owner to claim the seized item, and such notification may be given —(a)by posting a written notice to the owner of the seized item at the owner’s usual or last known place of residence or business in Singapore; or(b)in such other manner as the relevant officer thinks expedient.(3) If the owner or the person authorised by the owner does not claim the seized item within one month after the notification is given under subsection (2), any relevant officer may cause to be sold, or otherwise dispose of, the seized item but only after giving one month’s notice in the Gazette of the relevant officer’s intention to do so.(4) Despite subsection (3), if the value of the seized item is, in the opinion of the Director, less than $500, any relevant officer may cause the seized item to be sold or disposed of at any time.(5) If the owner or the person authorised by the owner claims the seized item after it is sold under subsection (3) or (4), the owner is only entitled to the net proceeds.(6) If the owner of a seized item is unknown or cannot be found, a relevant officer must issue a public notice, specifying the seized item and requiring any person who has a claim to it to appear before the relevant officer and establish the person’s claim within 6 months after the date of the public notice.(7) Every public notice under subsection (6) must be published in the Gazette or any daily newspaper but only if, in the opinion of the Director, the value of the seized item is at least $1,000.(8) If no person establishes a claim to the seized item within one month after the publication of a public notice issued under subsection (6), and if the person in whose possession the seized item was found cannot show he or she had legally acquired it, then the seized item may be sold on the order of a relevant officer.(9) Despite subsection (8), if the value of the seized item is, in the opinion of the Director, less than $1,000, or if keeping the seized item involves unreasonable expense or inconvenience, a relevant officer may cause the seized item to be sold or disposed of at any time.(10) If no person has established a claim to the seized item within 6 months after the publication of the public notice mentioned in subsection (6), the ownership of the seized item or (if sold) its net proceeds is to pass and be vested in the Government absolutely.(11) If a person establishes the person’s claim to the seized item within 6 months after the publication of the public notice mentioned in subsection (6), and the seized item has already been sold by a relevant officer, that person is only entitled to the net proceeds.(12) This section applies in relation to any ship, hovercraft, aircraft, vehicle or train even though it was seized before 1 August 2019.(13) In this section —“relevant officer” means any Deputy Director of the Central Narcotics Bureau appointed under section 3(1) or any person authorised by the Deputy Director;“seized item” means any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, vehicle or train that is seized under section 24 or 26.

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