Section 42
Custody of seized specimens
(1)
Where, in the opinion of the Director, any specimen seized pursuant to section 36(2) or (3) may die, rot, spoil or otherwise perish, he may dispose of it in accordance with section 44(1) as if that specimen had been forfeited to the Government.
(2)
Where the ownership of —
(a)
any specimen seized pursuant to section 36(2) or (3); or
(b)
any receptacle or thing seized pursuant to section 36(4), cannot, at the time of seizure or within 90 days from the date of seizure, be ascertained it shall be forfeited to the Government, and disposed of —
(i)
in the case of a specimen, in accordance with section 44;
or
(ii)
in the case of a receptacle or thing, as the Director directs, subject to any conditions imposed by the court pursuant to section 36(4).
(3)
Except as provided in subsection (1) or (2) —
(a)
every specimen seized pursuant to section 36(2) or (3); and
(b)
every receptacle or thing seized pursuant to this section, shall be held in the custody of the Director until —
(i)
a decision is made not to lay any charge in respect of the alleged offence for which the specimen, receptacle or thing was seized; or
(ii)
where such a charge is laid, upon the completion of proceedings in respect of the alleged offence for which the specimen, receptacle or thing was seized, or such sooner time as the court may determine.
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(4)
The decision whether or not to lay any charge in respect of an alleged offence for which any specimen, receptacle or thing is seized under this section shall be made as soon as reasonably practicable after that specimen, receptacle or thing is seized, taken possession of or detained.