CR!l\11 >..:. v.I~x·Em 'RF A'-:D EvmE">CE No.2 A!\ I El'>Tll\l El'<T (6) In an application for a warrant of destruction or disposal of a seit.cd article the magistrate or justice shall, if the owner or possessor thereof, or other person mentioned in subsection (5)(b), is present, allow(a) him or her to make representations in person, in writing or through a legal practitioner, in opposition to the application; and (h) the applicant police officer to respond to any submissions made under paragraph (a); but no postponement of the application shall be entertained, and no submissions shall he made by either party except those concerning(c) the truth or otherwise ofany statement referred to in subsection (5) (a), (h), (c) or (d); and (d) any allegation hytheapplicant police officer that the notified party or the party who is opposing the application is not entitled to the possession or ownership of the seized article by reason of not ha\'ing a full receipt in relation thereto or for some other la\vful reason; and the application must be determined on the same day on\\ hich it was madl\ whether the notified person is present or not. 58A Continued retention of seized art1cles if institution of criminal proceedings is delayed (1) If within twenty-one working days from the datc-- (a) when an article \vas seized and receipt therefor was gi,·cn (provided that the date shown on the receipt shall he determinative if it is dated later than the day of seizure); or (b) when a person referred to in section 49(3) receives a receipt for any article previously seized from him or her; no prosecution of an offence in respect of which the seized article is required as an exhibit is initiated, that is to say (c) no summons is issued to the accused person for the prosecution of the offence; or (d) no statement of the charge is lodged with the clerk of the magistrates cmn1 before which the accused is to be tried, where the otfencc is to be tried summarily; or (e) no indictment has been served upon the accused person, where the person is to be tried before the High Court; then the seized article shall (unless the article in question is one whose possession is intrinsically unlawful) be returned as soon as jX)ssiblc by the police oflicer who detained it, or by any other person acting in his or her stead, to the premises, place, vehicle, vessel or aircraft from which it was removed or, where that is impracticable, he availed for collection at such place as the police officer shall direct the owner or JX)ssessor thereof to go, unless the police ofticer earlier, upon at least se,·enty-two hours' notice to the owner or possessor thereof, serves upon him or her a written notice of continued retention of the seized article, in which the police officer shall(f) afllrm that investigations relating to the offence in respect of which the seized article is required as an exhibit arc ongoing and are being actively pursued without undue delay; and 2016