Section 38

Subject to section 40, where any vehicle or container is seized under section 37, it shall, pending any criminal proceedings under this Act against the owner or any person in possession of the vehicle or container, be retained in the custody of the Director.

Following the seizure of any vehicle or container under section 37

(not being a vehicle or container that has been forfeited to the Government)

the Director may, at his discretion, temporarily return such vehicle or container to the owner or to the person who had been in possession of it immediately prior to such seizure on security being furnished to his satisfaction that it shall be surrendered to him on demand.

The Director shall take reasonable care of any property while it is retained in his custody under subsection (1).