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← Environmental Quality Act 1974

Environmental Quality Act 1974 s 46C

Environmental Quality Act 1974 s 46C

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 46C Seizure and forfeiture of vehicle or ship

(1) Where any vehicle or ship is seized under this Act and there is no prosecution within one month from the date of seizure in respect of the matter, the vehicle or ship shall be deemed to be forfeited at the end of that period unless before that date a written claim on it is made in the manner set out in subsections (2), (3) and (4). (2) Any person asserting that he is the owner of the vehicle or ship referred to in subsection (1) and that it is not liable to forfeiture may personally or by his agent authorized in writing give a written notice to the officer duly authorized in writing by the Director General in whose possession the vehicle or ship is held that he is making a claim on the vehicle or ship. (3) On receipt of the notice referred to in subsection (2) the officer duly authorized in writing by the Director General shall refer the claim to the Director General who shall direct such officer to refer the matter to a Sessions Court Judge for a decision. (4) The Sessions Court Judge to whom the matter is referred under subsection (3) shall issue a summons requiring the person asserting that he is the owner of the vehicle or ship, and the person from whom it was seized, to appear before the Sessions Court Judge, and upon their appearance or default to appear, due service of the summons being proved, the Sessions Court Judge shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that the vehicle or ship was the subject matter of or was used in the commission of the offence shall order the vehicle or ship to be forfeited and shall, in the absence of such proof, order its release. (5) Any vehicle or ship deemed to be forfeited or forfeited under this section shall be delivered to the Director General and shall be disposed of by the Director General— (a) in accordance with the directions given by the Sessions Court Judge; or (b) in the manner as he deems fit.

Read this section in the full act → · Open Part VI →

Find Act 127 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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