Section 40
Power of court to order return of seized vehicle or container
ActIn forceProvision 40 of 57
Section 40
(1)
Where any vehicle or container is seized under section 38, any person claiming to be entitled to possession of that vehicle or container may at any time apply to the court for an order that it be delivered to him.
(2)
On an application under subsection (1), the court may —
(a)
adjourn the application, on such conditions as it thinks fit, to enable proceedings to be brought or completed; or
(b)
make an order for the return of the vehicle or container to the applicant, on such conditions as it thinks fit.
(3)
Nothing in this section applies to any vehicle or container if a court has ordered under section 39(1) that it be forfeited to the Government.
Wild Fauna and Flora
B.L.R.O. 5/2024 31