s 63 Forfeiture
63.—(1) The court before which any person is tried for an offence under this Act may make an order for the forfeiture of any item which has been seized under the provisions of this Act if the court is satisfied that —(a) an offence under this Act has been committed; and (b) the item seized was the subject matter, or was used in the commission, of the offence. (2) Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion and make any order that it thinks appropriate. (3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act even though no person has been convicted of an offence. (4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court must order that the item be released to the owner of, or the person entitled to, the item. (5) If —(a) no prosecution is instituted with regard to any item which has been seized under the provisions of this Act; and (b) no claim is made for the item under section 51(2)(b), the item to which the notice relates is deemed to be forfeited. (6) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item is deemed to be forfeited. (7) Any item forfeited or deemed to be forfeited under this section must be delivered to the Commissioner and must be disposed of in the manner that the Commissioner thinks fit. (8) The costs of the disposal of any item under subsection (7) must be borne by the owner of, or person entitled to, the item.