s 42 Complaints as to seizure, detention or removal
(1) A person claiming any substance seized, detained, or removed under this Act may, at any time, but not later than forty-eight hours, after its seizure, detention, or removal or, if notice under section 41 has been given to any person, after receipt of the notice by the person, complain thereof to a Magistrate who shall hear and determine the complaint and who may confirm or disallow the seizure, detention, or removal wholly or in part or order the substance to be restored to the person who appears to the Magistrate to be entitled to possession thereof. (2) The Magistrate shall not disallow the seizure, detention, or removal, whether wholly or in part, unless he is satisfied. (a) that it was unlawful; or (b) if it was lawful, that no contravention of this Act or the rules or regulations had occurred. (3) The substance seized, detained, or removed shall- (a) if no complaint is made under and in accordance with this section; or (b) if the seizure, detention, or removal is confirmed, to the extent of the confirmation, become the property of the Government and shall be disposed of, by destruction or otherwise, as directed by the Minister, unless it is intended to prosecute any person in respect of the substance, in which case it shall be held to abide the result of the prosecution and the order of the court under section 49. (4) Notwithstanding subsection (3) (a) the authorized officer who has seized, detained, or removed any substance may destroy it or cause it to be destroyed if and when he finds that it has begun to deteriorate but shall, forthwith after the destruction, prepare a written statement signed by him and setting out a description and the quantity of the substance destroyed, and the date, time, method, and reason of the destruction; (b) the Minister may at any time order the restoration of the substance to any person if he thinks it just and proper to do so.