Cini IN. IJ J1~XHJl:RE Al'm EYIDE]';CTi AM ENDM E"-T
2016
22
(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.".
Amendment of section 59 of Cap. 9:07
Section 59 ("Disposal of article where no criminal proceedings are instituted,
where it is not required for criminal pnJceedings or where accused admits his guilt")
of the principal Act is amended(a)
in subsection (1)(i) by the deletion of"rcterred to in paragraph (c) of section fifty-eight" and
the substitution of"rcferred to in section 58( I), and regardless of whether
a notice of fmther retention of the seized article or warrant of further
retention of the seized miide has been issued in relation to the article":
(ii) in subparagraph (iii) by the insertion after "if no person may lirwfull)
possess the article" of "(whether by reason of its being an article
whose possession is intrinsically unlawful, or otherwise)";
(h)
by the inscriion
or the following subsection after subsection (5)-
"(6) If, in making an order under subsection (3) (a) or (h) in favour
of an applicant, it appears to the magistrate, from the cvidence presented
before him or her in the course of hearing the application, that(a)
the amount, if any, realised by the State when disposing
of the article in question was inadequate to cover any
costs reasonably incurred in securing the safe custody
of the article; and
(h)
the applicant was negligent or unduly dilatory in pursuing
his or her claim to the article in question;
the magistrate shall afford the State an oppm1unity to submit a claim
for the recovery of any costs reasonably incurred in securing the safe
custody of the article, and, if such submission is made
(c)
may grant the whole or any part of such costs as to the
magistrate appears reasonable:
Provided that such costs must not exceed the
reasonably estimated value of the article to he returned,
or the value of the compensation awarded or sale price
realised under this section, as the case may be; and
(d)
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shall direct the amount of the costs awarded under
paragraph (c) to he deducted from any compensation
payable or sale price realised under this section.".
Amendment of section 61 of Cap. 9:07
Section 61 ("Disposal of article after commencement of criminal proceedings")( l)
(c) of the principal Act is amended by the insertion after "if no person is entitled to the
article" of "(whether by reason of its being an article whose possession is intrinsically
unlawful, or otherwise)".
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