6
Seizure of abandoned hawker equipment and com- modities.
(2) Where—
(a) a person is charged with a hawker offence in respect of any equipment or commodity seized under section 86(1) is acquitted; or (b) on the hearing of any such charge the court finds special reasons under subsection (1)(5) of this section.
the court shall, if it is satisfied that the person was lawfully entitled to possession of the equipment or commodity at the time of the seizure, order that it be returned to him or, in the case of a perishable commodity disposed of under section 86(2), assess the value of the commodity and order that the amount of that value be paid to him.
(3) If the court is not so satisfied, it may, on the application of any other person claiming to be entitled to the equipment or commodity or of its own motion, make such other order as it thinks fit disposing of the equipment or commodity, or, in the case of a perishable commodity disposed of by way of sale, the proceeds of sale.
868. (1) A public officer authorized in writing by the Authority for the purposes of this section or a police officer may seize any equipment or commodity found in a public place which he has reason to believe bas been abandoned by a hawker in circumstances not appearing to him to involve the commission of a hawker offence.
(2) Any commodity of a perishable nature scized under subsection (1) may immediately be disposed of by the Commissioner of Police or the Authority, as the case may be.
(3) Where any equipment or commodity has been seized under subsection (1) and a claim is made in respect of the equipment or commodity within 48 hours after the date of the seizure, the Commissioner of Police or the Authority, as the case may be, shall, if satisfied that the claimant was entitled to the possession of the equipment or commodity at the time of the seizure and was not guilty of an offence in respect of i
(a) return the equipment or commodity to the
claimant; or
Application
to court for return of seized hawker equipment
or com-
modities.
(b) in the case of a perishable commodity dis- posed of under subsection (2), assess its value and pay to him the amount of that value.
(4) Where a claim under subsection (3) is refused, the claimant shall be informed of his rights under section 86C.
86C. (1) Where a claim in respect of any equip- ment or commodity is made under section 86 or section 86B within the permitted time and-
(a) the claim is refused; or
(b) the claimant is dissatisfied with the amount of any payment made to him under either of those sections,
an application may be made within 14 days of the refusal or payment to a court for an order for the return of the equipment or commodity or, in the case of a commodity disposed of under section 86(2) or section 86B(2), for an assessment of the value of the commodity and for an order for the payment of the amount of that value or, as the case may be, the difference between the amount already paid and the amount of the value.
(2) Where an application is made under subsec- tion (1), the court may, after ärst having given the person refusing the claim under section 86 or section 86B an opportunity of being heard, make the order sought if it is satisfied that the applicant at the time of the seizure-
(e) was entitled to possession of the equipment
or commodity; and
(b) intended using the equipment or commodity
for a lawful purpose.
(3) If the court makes the order sought, it may award to the applicant such sum against the Crown by way of costs as it thinks fair and reasonable.
(4) If the court does not make the order sought,
it may, of its own motion, make such other order as it thinks fit disposing of the equipment or com- modity, or, in the case of a perishable commodity disposed of by way of sale, the proceeds of sale.