68
CAP. 221]
Criminal Procedure
[1988 Ed.
(i) deal with such property under paragraph (a) in the like manner as property to which subsection (1)(a) applies; or
(ii) make an order for the forfeiture of the property.
(3) Save where the property is perishable, no order for the delivery, sale or forfeiture of property shall be made under subsection (2) unless the court is satisfied that the property will not be required as an exhibit in any proceedings before a court.
(4) Where under subsection (2) a court orders the sale or retention of property, and no person establishes a claim to the property or the proceeds of sale thereof within 6 months from the date such order is made, the property or the proceeds of sale shall become the property of the Crown.
(5) An order made under subsection (2), other than an order for the retention of property, shall not, except when the property is a live animal, bird or fish or is perishable, be carried out until the period allowed for making an appeal against the order has expired or, where such an appeal is duly made, until the appeal has been finally determined or abandoned.
(6) Where by any other Ordinance it is provided that any particular property or class of property shall or may be forfeited, destroyed or disposed of, then the provisions of such Ordinance shall prevail.
(7) The power conferred on a court by subsection (2)(b)(ii) to order the forfeiture of property shall not apply in respect of immovable property or any aircraft, motor vehicle or ship.
(8) In this section "court" includes a magistrate.
Seizure of things intended for use in commission of indictable offence
(Replaced, 70 of 1967, s. 4)
103. Any magistrate or the court may order the seizure of any instruments, materials or things which there is reason to believe are provided or prepared, or being prepared, with a view to the commission of any indictable offence, and the same may be dealt with under section 102 as though it were property to which subsection (1)(c) of that section applies.
(Amended, 50 of 1911, s. 4; 5 of 1924, s. 8 and 70 of 1967, s. 5)
Search warrant
warrant.
104. An order made under section 103 may be enforced by a search
(Amended, 50 of 1911, s. 4; 5 of 1924, s. 8 and 70 of 1967, s. 6)
Report of property found upon person apprehended
105. If, on the apprehension of any person charged with an indictable offence, any property is taken from him, a report shall be made by the police to the magistrate or the court of the fact of such property having been taken from such person and of the particulars of such property.