Cap 60 s 29A Power to dispose, etc. of perishables, etc. (IMPORT AND EXPORT ORDINANCE)

Contents of Section

Chapter:	60	Title:	IMPORT AND EXPORT ORDINANCE	Gazette Number:	25 of 1998; 66 of 2000
Section:	29A	Heading:	Power to dispose, etc. of perishables, etc.	Version Date:	01/07/1997

Remarks:

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 66 of 2000 s. 3

(1) If an article liable to forfeiture under section 27(1) is, in the opinion of the Commissioner, of a perishable nature or of such a nature that it is difficult to store or is likely to deteriorate before the conclusion of any proceedings relating to it, the Commissioner may-

(a) release the article to the owner or a person entitled to make a claim upon payment by way of security to the Commissioner of an amount of money of not less than the value of the seized article as assessed by the Commissioner or an authorized officer;

(b) for a perishable article, order that the article-

(i) be sold and the proceeds of the sale be retained by the Commissioner; or

(ii) be destroyed; or

(c) for an article that is difficult to store or an article that is likely to deteriorate before the conclusion of any proceedings relating to it, apply to a magistrate, the District Court or the Court of First Instance for an order that the article be sold and the proceeds of the sale be retained by the Commissioner. (Amended 25 of 1998 s. 2)

(2) The court to which an application has been made under subsection (1)(c) shall not make an order under that subsection unless it is satisfied, in the case where the application is made-

(a) before the expiry of the period for making a claim under section 27(5), the persons referred to in section 27(3), (3A) and (3B); or

(b) after the expiry of the period referred to in paragraph (a), the persons who have given notice to the Commissioner,

have been given notice of the application for an order to sell the article.
(3) Where an application is made under section 28(1) with respect to an article which is liable to forfeiture under section 27(1), the court may, in lieu of ordering under section 28(6) or (7) that article be forfeited to the Government or be delivered to the claimant, order that the money paid to the Commissioner as security under subsection (1)(a) or retained by the Commissioner under subsection (1)(b) or (c), be forfeited to the Government or paid to the person giving the security or the claimant. (Amended 66 of 2000 s. 3)

(Added 62 of 1993 s. 11. Amended 1 of 1994 s. 13)