Section 31
Forfeiture of conveyance, movable property etc.
of Prevention of People Smuggling Act
(1)
All conveyance, movable property, record, report or document, or any human organ seized in the exercise of any power conferred under this
Act are liable to forfeiture.
(2)
The court trying any person accused of an offence under this Act
-.
d or n-tPrat the conveyance, movable property, record, report or document of any human organ seized from that person be forfeited.
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Prevention of People Smuggling
(3)
Where there is no prosecution with regard to any offence under this Act -
(a)
in the case of human organ seized, it shall be deemed to be forfeited; and
(b)
in the case of the conveyance, movable property, record, report or document seized, the authorised officer shall serve a notice in writing to the last known address of the person from whom the conveyance, movable property, record, report or document was seized.
(4)
The notice in subsection (3)(b) shall specify that if there is no prosecution in respect of such conveyance, movable property, record, report or document and that such conveyance, movable property, record, report or document will be forfeited at the expiration of one calendar month from the date of service of the notice unless a claim is made by the person from'whom the conveyance, movable property, record, report or document was seized.
(5)
Upon receipt of the notice issued under subsection (3)(b), any person asserting that he is the owner of any conveyance, movable property, record, report or document seized under this Act which is not liable to forfeiture may, personally or by his agent authorised in writing by him, give written notice to the authorised officer in whose possession the conveyance, movable property, record, report or document is held.
(6)
Upon receipt of a notice under subsection (5), the authorised officer who made the seizure shall refer the matter to the court for its determination.
(7)
The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the conveyance, movable property, record, report or document and the person from whom it was seized to appear before the court, and upon their appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter, and on proof that such conveyance, movable property, record, report or document was the subject matter of or was used in the commission of an offence under this Act, shall order the conveyance, movable property, record, report or document to be forfeited or may, in the absence of such proof, order the release of such conveyance, movable property, record, report or document to the person entitled to it.
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(8)
Any conveyance, movable property, record, report or document or any human organ forfeited or deemed to be forfeited shall be disposed of in any manner as the authorised officer deems it.