§ 269 — Forfeiture, etc., of seized items by court in criminal proceedings

269.—(1) A court may, in any criminal proceeding against a person for an offence under this Act, order that any item seized in connection with the offence be forfeited if —(a)

where the seized item is a conveyance — the person is convicted of the offence and the conveyance is proved to have been used in the commission of the offence; or

(b)

where the seized item is not a conveyance — the court is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence.

(2) The court may consider the question of forfeiture under subsection (1) on its own motion if no party raises the question in the proceedings before the court.

(3) A conveyance mentioned in subsection (1)(a) must not be forfeited under that provision if its owner establishes that the conveyance was unlawfully in the possession of another person without the consent of the owner.

(4) The court may make an order under subsection (1)(b) for the forfeiture of any seized item even though no person is convicted of an offence.

(5) If the court does not order the forfeiture of a seized item under subsection (1), the court may —(a)

order the release of the seized item to the owner of or the person entitled to the seized item; or

(b)

where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the court thinks fit in relation to the disposal of the seized item.

(6) However, no order of forfeiture may be made under this section in respect of a seized item that is a conveyance which —(a)

is of more than 200 tons net; or

(b)

is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.

—(1) A court may, in any criminal proceeding against a person for an offence under this Act, order that any item seized in connection with the offence be forfeited if —(a)

where the seized item is a conveyance — the person is convicted of the offence and the conveyance is proved to have been used in the commission of the offence; or

(b)

where the seized item is not a conveyance — the court is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence.

(2) The court may consider the question of forfeiture under subsection (1) on its own motion if no party raises the question in the proceedings before the court.

(3) A conveyance mentioned in subsection (1)(a) must not be forfeited under that provision if its owner establishes that the conveyance was unlawfully in the possession of another person without the consent of the owner.

(4) The court may make an order under subsection (1)(b) for the forfeiture of any seized item even though no person is convicted of an offence.

(5) If the court does not order the forfeiture of a seized item under subsection (1), the court may —(a)

order the release of the seized item to the owner of or the person entitled to the seized item; or

(b)

where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the court thinks fit in relation to the disposal of the seized item.

(6) However, no order of forfeiture may be made under this section in respect of a seized item that is a conveyance which —(a)

is of more than 200 tons net; or

(b)

is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.