(c) is a thing liable to forfeiture under section
39(2), he may order such thing to be forfeited.
(2)
An order for forfeiture shall not be made if any
of the defences referred to in section 24(3) and (4) is
proved.
(3) An order for forfeiture of an article or thing
may be made under subsection (1) notwithstanding that no
person is convicted of any offence in connexion with that
article or thing.
(4) Any article or thing which is ordered to be
forfeited under subsection (1) shall be disposed of in such
manner as the magistrate shall direct.
Procedure in
relation to forfeiture.
41. (1) Subject to subsections (3) and (4), before
making an order for forfeiture of any article or thing under
section 40 the magistrate shall issue a summons to
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