223
Determination by magistrate of applications for forfeiture.
(Cap. 227.)
Schedule.
CAP. 60
Import and Export
[1986 Ed.
28. (1) When a notice of claim is given under section 27(5), the Commissioner or an authorized officer shall apply to a magistrate for the forfeiture of the article, vessel or vehicle and shall state in the application the name and address of the claimant as specified in the notice of the claim. (Amended, L.N. 294/82)
(2) When any such application is made to a magistrate, the magistrate shall issue a summons to the claimant, requiring him to appear before a magistrate upon the hearing of the application, and shall cause a copy of such summons to be served upon the Commissioner. (Amended, L.N. 294(82))
(3) If, at the time and place appointed in a summons issued under subsection (2), the claimant or some other person who, though not the claimant, was, or would have been, entitled to make a claim under section 27(5), appears before a magistrate, the magistrate shall hear the application.
(4) If, at such time and place, neither the claimant nor any other person who, though not the claimant, was, or would have been, entitled to make a claim under section 27(5), appears before a magistrate and the magistrate is satisfied that the summons was duly served, the magistrate shall hear the application.
(5) Subject to the provisions of this Ordinance, an application under this section shall be deemed to be a complaint for the purposes of section 8 of the Magistrates Ordinance.
(6) Upon the hearing of an application under this section a magistrate shall order that the article, vessel or vehicle, as the case may be, be forfeited to the Crown-
(a) in the case where----
(i) the person who appears in answer to the summons fails to satisfy the magistrate that he was, or would have been, entitled to make a claim under section 27(5) in respect of the seized article, vessel or vehicle; and
(ii) no other person appears before the magistrate and satisfies him that he was, or would have been, entitled to make such claim; and
(iii) the magistrate is satisfied that the article, vessel or vehicle is liable to forfeiture; or
(b) in the case where the magistrate is satisfied that the article-
(i) is liable to forfeiture; and
(ii) is such an article as is referred to in the Schedule.
(7) Upon the hearing of the application under this section, in any case other than a case referred to in subsection (6)(a) or (b) a magistrate may, if he is satisfied--
(a) that a person is, or would have been, entitled to make a claim under section 27(5) in respect of the seized article, vessel or vehicle; and