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Amendment of section 78 (disposal of things seized) of Principal Act.
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71.—Section 78 of the Principal Act is hereby amended—
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(a) in subsection (1), by the substitution, in paragraph (b), of “a Judge of the District Court” for “a Peace Commissioner”,
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(b) by the substitution of the following for subsection (2):
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“(2) A person who under this Act has seized any thing may, subject to such person giving notice in writing to—
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(a) the owner, or
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(b) the person who, when the seizure was made, was in apparent charge or control of it,
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where such owner or person is known to the person who so seized that thing or whose identity and the address at which such owner or person resides can be ascertained by reasonable inquiries of the intention to do so, apply to a Judge of the District Court for a direction that the thing be disposed of (by destruction or otherwise) in a manner specified in the direction.”,
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(c) in subsection (3), by the substitution of “a Judge of the District Court” for “a Peace Commissioner”,
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(d) by the insertion of the following after subsection (3):
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“(3A) Where any thing has been seized under this Act is, in the opinion of any person entitled to seize it, of a perishable nature, then the thing seized may be sold or otherwise destroyed as appropriate and where it is sold the person causing it to be sold shall out of the proceeds of such sale defray all expenses incurred in the seizure, removal, storage and sale of it and, except where a court has otherwise decided in relation to the thing so sold or court proceedings relating to the thing so sold have been instituted but not concluded, shall pay the surplus of such proceeds to the person who at the time of the seizure was the owner of it.”,
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and
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(e) by the deletion of subsections (5), (6) and (7),
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and the said subsections (1) (other than paragraph (a)) and (3), as so amended, are set out in the Table to this section.
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TABLE
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(1) A person who, in accordance with this Act, has seized any document or other thing shall not dispose of it—
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(b) in the case of any thing other than a document, unless a direction is given pursuant to this section by a Judge of the District Court for its disposal.
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(3) A Judge of the District Court to whom an application in that behalf is duly made under this section shall, if he is satisfied that any thing in respect of which the application is made is likely, before it can be used as evidence in proceedings for an offence under this Act, to become unfit for human consumption, or if he is satisfied for any other reason that the thing ought not to be further detained, give a direction under this section authorising its disposal (by destruction or otherwise).
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