s 62 Forfeiture
62.—(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. (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 is to order that the item be released to its owner or the person entitled to it. (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 49(5)(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 then 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 must be disposed of in such manner as the Chief Executive thinks fit. (8) The costs of the disposal of any item under subsection (7) must be borne by the owner of that item.