|CHAPTER 1 - CUSTOMS AND EXCISE (1ST BOOKLET) CODE | HOME|
|202. Procedure after notice of claim.|
|Effect of conviction, etc., on things liable to forfeiture.||Provisions relating to condemnation.|
|Procedure after notice of claim.
10 of 1990, s.8.
202. (1) Subject to subsection (2), where the owner of any thing seized claims it by notice to the Commissioner pursuant to section 200(4), the owner may, within two months of the date of the notice, institute proceedings for the recovery of the thing seized:
Provided that where no proceedings are instituted under this subsection within the period specified, the thing seized shall be condemned.
(a) the owner of any thing seized is charged with an offence by reason of which the thing is seized; and
(b) the charges preferred are subsequently withdrawn for any reason,
the period specified in subsection (1) shall begin to run on the date such charges are withdrawn.
(3) Where proceedings are instituted under subsection (1), any thing seized shall be condemned if -
(a) the court is satisfied that the thing -
(i) is liable to forfeiture under this Act; or
(ii) comprises prohibited or restricted goods which have been imported or carried coastwise or attempted to be exported in contravention of any law; or
(b) the court is not satisfied that the claimant is the owner of, or is entitled to possession of, the thing.
(4) If anything seized is not condemned under subsection (3),t he court shall release it tot he owner subject tot he payment of any applicable duty.