CRIMINAL PROCEDURE AND EVIDENCE ACT (g) by registered post addressed to the place of business or residential address of the owner, possessor, person representative; or (h) by delivery to the place of business or residential address of the owner, possessor, person representative through a commercial courier service; or (i) by electronic mail or telefacsimile at the electronic mail or telefacsimile address furnished by the owner, possessor, person representative to the police officer. [Section inserted by s. 21 of Act No. 2 of 2016] 59 Disposal of article where no criminal proceedings are instituted, where it is not required for criminal proceedings or where accused admits his guilt (1) Subject to subsection (2), if in connection with any article referred to in section 58(1) and whether a notice of further retention of the seized article or warrant of further retention of the seized article has been issued in relation to the article— (a) no criminal proceedings are instituted; or (b) it appears that such article is not required at the trial for purposes of evidence or for purposes of an order of court; or (c) criminal proceedings are instituted and the accused admits his guilt in accordance with section three hundred and fifty-six; the article shall— (i) if the person from whom it was seized may lawfully possess the article, be returned to that person; or (ii) if the person from whom it was seized may not lawfully possess the article, be delivered to the person who may lawfully possess it; or (iii) if no person may lawfully possess the article (whether by reason of its being an article whose possession is intrinsically unlawful, or otherwise) or if the police officer concerned does not know of any person who may lawfully possess the article, be forfeited to the State. [Subsection amended by section 22 of Act No. 2 of 2016] (2) If the person who may lawfully possess the article in question is known and has not applied for the return or delivery of the article, notice shall be sent by registered post to his last known address that he may take possession of the article, and if such person fails to take possession of the article within three months from the date of such notice being sent, the article shall be forfeited to the State. (3) Where an article has been forfeited to the State in terms of paragraph (iii) of subsection (1) or subsection (2), a magistrate within whose area of jurisdiction the article was, in terms of paragraph (c) of section fifty-eight, retained in police custody may at any time within a period of three years from the date of the original seizure by a police officer or delivery to a police officer, as the case may be, of the article, upon the application of any person who claims that any right referred to in paragraph (a) or (b) is vested in him, inquire into and determine such right and, if the magistrate finds that the article— (a) is the property of the applicant, he shall— (i) set aside the forfeiture and direct that the article be returned to such person; or (ii) if the State has disposed of the article, direct that the applicant be paid adequate compensation by the State; (b) was sold to the accused in pursuance of a contract under which he becomes the owner of the article upon payment of a stipulated price, whether by instalments or otherwise, and under which the seller becomes entitled to the return of the article upon default of payment of the stipulated price or any part thereof, he shall— (i) direct that the article be sold by public auction and that the said seller be paid out of the proceeds of the sale an amount equal to the value of his rights under the contract to the article, but not exceeding the proceeds of the sale; or (ii) if the State has disposed of the article, direct that the said seller be paid adequate compensation by the State. 40