s 117 Court to order forfeiture of vehicle
117. —(1) Where it is proved to the satisfaction of a court that a vehicle has been used in the commission of an offence under section 116(7), and that the vehicle has been seized by the police, the court, on the written application of the Public Prosecutor, is to make an order for the forfeiture of the vehicle even though no person may have been convicted of that offence. (2) An order for the forfeiture or for the release of a vehicle liable to forfeiture under this section may be made by the court before which the prosecution with regard to an offence under section 116(7) has been or will be held. (3) If there be no prosecution with regard to an offence under section 116(7), the vehicle seized under section 116(8) must be forfeited at the expiry of one month from the date of the seizure unless a claim thereto is made before that date. Any person asserting that the person is the owner of the vehicle may personally, or by the person’s agent authorised in writing, give written notice to the Commissioner of Police that the person claims the vehicle. (4) Upon receipt of a notice under subsection (3), the Commissioner of Police may direct that the vehicle be released or may refer the matter by information to a Magistrate. (5) The Magistrate, on receipt of an information under subsection (4), or on the written application of the Public Prosecutor, is to hold an inquiry and proceed to determine the matter and is to, on proof that the vehicle was used in the commission of an offence under section 116(7), order the vehicle to be forfeited, or may in the absence of such proof order its release. (6) No person is, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under this section, entitled to the costs of the proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause. (7) Despite subsections (1) and (5), a court need not make an order for the forfeiture of a vehicle that has been seized by the police if it is proved to the satisfaction of the court that the person who committed the offence under section 116(7) involving the vehicle — ( a ) is not the owner of the vehicle; and ( b ) had used the vehicle without the consent of the owner. [12/2021] [Act 5 of 2026 wef 14/04/2026] —(1) Where it is proved to the satisfaction of a court that a vehicle has been used in the commission of an offence under section 116(7), and that the vehicle has been seized by the police, the court, on the written application of the Public Prosecutor, is to make an order for the forfeiture of the vehicle even though no person may have been convicted of that offence. (2) An order for the forfeiture or for the release of a vehicle liable to forfeiture under this section may be made by the court before which the prosecution with regard to an offence under section 116(7) has been or will be held. (3) If there be no prosecution with regard to an offence under section 116(7), the vehicle seized under section 116(8) must be forfeited at the expiry of one month from the date of the seizure unless a claim thereto is made before that date. Any person asserting that the person is the owner of the vehicle may personally, or by the person’s agent authorised in writing, give written notice to the Commissioner of Police that the person claims the vehicle. (4) Upon receipt of a notice under subsection (3), the Commissioner of Police may direct that the vehicle be released or may refer the matter by information to a Magistrate. (5) The Magistrate, on receipt of an information under subsection (4), or on the written application of the Public Prosecutor, is to hold an inquiry and proceed to determine the matter and is to, on proof that the vehicle was used in the commission of an offence under section 116(7), order the vehicle to be forfeited, or may in the absence of such proof order its release. (6) No person is, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under this section, entitled to the costs of the proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause. (7) Despite subsections (1) and (5), a court need not make an order for the forfeiture of a vehicle that has been seized by the police if it is proved to the satisfaction of the court that the person who committed the offence under section 116(7) involving the vehicle — ( a ) is not the owner of the vehicle; and ( b ) had used the vehicle without the consent of the owner. [12/2021] [Act 5 of 2026 wef 14/04/2026]