s 44 Forfeiture
44.—(1) The court before which any person is tried for an offence under this Part may make an order for the forfeiture of any item which has been seized under the provisions of this Part if the court is satisfied that —(a) an offence under this Part 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. (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 Part 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 Part, the court must order that the item be released to the owner of the item or the person entitled to the item. (5) If no prosecution is instituted with regard to any item which has been seized under the provisions of this Part, and no claim is made for the item under section 43(4)(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 Part consents to its disposal, the item is upon such consent deemed to be forfeited. (7) Any item forfeited or deemed to be forfeited under this section must be delivered to the Authority or an officer of the Authority and be disposed of in such manner as the Authority thinks fit. (8) The costs of the disposal of any item under subsection (7) are to be borne by the owner of that item.[31R