s 43 Forfeiture of strategic items and unlisted items when there is no prosecution
(1) Where there is no prosecution or conviction in respect of any strategic items or unlisted items together with any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data seized in the exercise of any power conferred under this Act, such items shall be held for the period of one calendar month from the date of seizure and at the end of that period shall be deemed forfeited, unless a written claim thereto is received within such period. (2) A person asserting that he is the owner of any strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data seized under this Act and that the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents, or computerized data are not liable to forfeiture may personally or by his agent authorized in writing by him, give written notice to the authorized officer who made the seizure of his claim. (3) On receipt of the written claim under subsection (2), the authorized officer shall refer the matter to the Sessions Court for decision. (4) The Court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data and the person from whom they were seized to appear before the court and upon their appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter, and on proof that an offence under this Act has been committed and that such strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data were the subject matter of or were used in the commission of such offence, shall order that the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data be forfeited or may, in the absence of such proof, order the release of such strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data to the person entitled to them.