28 whole or in part to the defendant, by order of a magistrate or the Director, after considering any views by the Director of Public Prosecutions to the contrary, upon application by or on behalf of that defendant, if it is found that its continued detention is no longer justified. (12) Where a magistrate or the Director orders cash to be released in terms of this section, it shall not be released except by cheque transfer to an account kept with a financial institution by the defendant, and, where no such account is in existence on the date of the order, the cash shall not be released until the defendant opens such an account to enable the cash to be so transferred. 38 Proof of certain matters in prosecutions for cash detainable offences In any criminal proceedings in connection with a cash detainable offence— (a) a copy of a receipt issued in respect of cash seized in terms of this Part, certified by or on behalf the police officer commanding the police district in which such cash was seized, or by or on behalf of the inspector who seized the cash; or (b) a copy of a receipt issued in relation to a deposit of cash in the Detained Cash Trust Account, accompanied by a document giving the name and address of the person from whom it was seized, both certified by or on behalf the police officer commanding the police district in which such cash was deposited, or by or on behalf of the inspector who seized the cash; shall be received in evidence before any court as prima facie proof of the fact that the cash was seized from the person named in the receipt or document and as proof of the amount of cash thus seized, and no court shall require that cash seized and detained in terms of this Part be exhibited as evidence for the purpose of such proceedings if such receipt or document is produced before it. Division B: Seizure and Detention of Cash or Currency Held in connection with Offences other than Cash Detainable Offences 39 Seizure and detention of cash that is the proceeds of crime or used in unlawful dealings in foreign currency (1) Notwithstanding anything to the contrary contained in the Criminal Procedure and Evidence Act [Chapter 9:07] or— (a) the Serious Offences (Confiscation of Profits) Act [Chapter 9:17], this Part shall apply to cash used or suspected to be used in connection with any serious offence; (b) the Exchange Control Act [Chapter 22:05], this Part shall apply to cash used or suspected to be used in connection with any offence of buying or borrowing foreign currency from, or selling or lending foreign currency to, any person other than a person authorised under the Exchange Control Act [Chapter 22:05]; as if such offence is a cash detainable offence. (2) For the avoidance of doubt, it is declared that the effect of subsection (1) is that if a person suspected of committing an offence referred to in that subsection is in possession of cash (of whatever amount), such cash may be seized in accordance with this Part and detained in the Detained Cash Trust Account, and may not be released therefrom except in accordance with subsection (6) of section nineteen or subsections (11) and (12) of section thirty-seven.