§ 372 — Procedure when person entitled to property cannot be ascertained or cannot be found

372.—(1) If the person entitled to the property mentioned in section 370 cannot be ascertained or cannot be found, the relevant court may direct that it continue to be subject to the custody or control of the relevant law enforcement agency and the head of the relevant law enforcement agency must, in that case, issue a public notice, specifying the articles of which the property consists and requiring any person who claims that the person is entitled to the property to make the person’s claim to the relevant court within 6 months from the date of the public notice, and to thereafter appear before the relevant court to establish the person’s claim.[19/2018]

[Act 5 of 2024 wef 01/08/2024]

[Act 24 of 2024 wef 14/11/2024]

(1A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, cannot, pursuant to the notice under subsection (1), make a claim that he or she is entitled to the property unless he or she personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence.[Act 24 of 2024 wef 14/11/2024]

(1B) If a person establishes his or her claim in accordance with subsection (1), the relevant court must order that the property be delivered to that person; and section 371 applies to that person as if a reference in that section to the person entitled to the property mentioned in section 370 is a reference to that person.[Act 24 of 2024 wef 14/11/2024]

(2) Every notice under subsection (1) must be published in the Gazette or any daily newspaper if, in the opinion of the head of the relevant law enforcement agency, the value of the property is at least $1,000.[Act 5 of 2024 wef 01/08/2024]

(3) [Deleted by Act 24 of 2024 wef 14/11/2024]

(4) If property subject to the custody or control of the relevant law enforcement agency under this section is perishable or is, in the opinion of the head of the relevant law enforcement agency, worth less than $1,000, or if keeping it involves unreasonable expense or inconvenience, then the property may be sold at any time and this section applies, as nearly as may be practicable, to the net proceeds of the sale.[Act 5 of 2024 wef 01/08/2024]

[Act 24 of 2024 wef 14/11/2024]

(5) The relevant court must order the ownership of the property or (if sold) its net proceeds to pass to and vest in the Government absolutely if —(a)

no person makes a claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1); or

(b)

where one or more persons have made any claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1), the relevant court is satisfied that none of those persons is entitled to the property.[Act 24 of 2024 wef 14/11/2024]

(6) Where, at the time a person establishes that the person is entitled to the property in accordance with subsection (1), the property has already been sold by the head of the relevant law enforcement agency, that person is only entitled to the net proceeds.[Act 24 of 2024 wef 14/11/2024]

(7) In respect of property to which the person entitled cannot be ascertained or cannot be found, the relevant court may order the property to be destroyed or otherwise disposed of at any time if in its opinion —(a)

the property is of no appreciable value; or

(b)

its value is so small as to —(i)

make its sale impracticable; or

(ii)

make the custody or control of it unreasonably expensive or inconvenient.[19/2018]

[Act 5 of 2024 wef 01/08/2024]

[Act 24 of 2024 wef 14/11/2024]

(8) In this section, “relevant law enforcement agency” means the law enforcement agency to which the law enforcement officer who makes a report under section 370(1) belongs.[Act 5 of 2024 wef 01/08/2024]

[Act 24 of 2024 wef 14/11/2024]

—(1) If the person entitled to the property mentioned in section 370 cannot be ascertained or cannot be found, the relevant court may direct that it continue to be subject to the custody or control of the relevant law enforcement agency and the head of the relevant law enforcement agency must, in that case, issue a public notice, specifying the articles of which the property consists and requiring any person who claims that the person is entitled to the property to make the person’s claim to the relevant court within 6 months from the date of the public notice, and to thereafter appear before the relevant court to establish the person’s claim.[19/2018]

[Act 5 of 2024 wef 01/08/2024]

[Act 24 of 2024 wef 14/11/2024]

(1A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, cannot, pursuant to the notice under subsection (1), make a claim that he or she is entitled to the property unless he or she personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence.[Act 24 of 2024 wef 14/11/2024]

(1B) If a person establishes his or her claim in accordance with subsection (1), the relevant court must order that the property be delivered to that person; and section 371 applies to that person as if a reference in that section to the person entitled to the property mentioned in section 370 is a reference to that person.[Act 24 of 2024 wef 14/11/2024]

(2) Every notice under subsection (1) must be published in the Gazette or any daily newspaper if, in the opinion of the head of the relevant law enforcement agency, the value of the property is at least $1,000.[Act 5 of 2024 wef 01/08/2024]

(3) [Deleted by Act 24 of 2024 wef 14/11/2024]

(4) If property subject to the custody or control of the relevant law enforcement agency under this section is perishable or is, in the opinion of the head of the relevant law enforcement agency, worth less than $1,000, or if keeping it involves unreasonable expense or inconvenience, then the property may be sold at any time and this section applies, as nearly as may be practicable, to the net proceeds of the sale.[Act 5 of 2024 wef 01/08/2024]

[Act 24 of 2024 wef 14/11/2024]

(5) The relevant court must order the ownership of the property or (if sold) its net proceeds to pass to and vest in the Government absolutely if —(a)

no person makes a claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1); or

(b)

where one or more persons have made any claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1), the relevant court is satisfied that none of those persons is entitled to the property.[Act 24 of 2024 wef 14/11/2024]

(6) Where, at the time a person establishes that the person is entitled to the property in accordance with subsection (1), the property has already been sold by the head of the relevant law enforcement agency, that person is only entitled to the net proceeds.[Act 24 of 2024 wef 14/11/2024]

(7) In respect of property to which the person entitled cannot be ascertained or cannot be found, the relevant court may order the property to be destroyed or otherwise disposed of at any time if in its opinion —(a)

the property is of no appreciable value; or

(b)

its value is so small as to —(i)

make its sale impracticable; or

(ii)

make the custody or control of it unreasonably expensive or inconvenient.[19/2018]

[Act 5 of 2024 wef 01/08/2024]

[Act 24 of 2024 wef 14/11/2024]

(8) In this section, “relevant law enforcement agency” means the law enforcement agency to which the law enforcement officer who makes a report under section 370(1) belongs.[Act 5 of 2024 wef 01/08/2024]

[Act 24 of 2024 wef 14/11/2024]