On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 24/08/2012.
PART XIX
DISPOSAL OF PROPERTY
364.
—(1) During or at the conclusion of any inquiry or trial under this Code, the court may make an order as it thinks fit for the disposal of any property produced before it.
(2) Subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law under which property may be seized, a court may, during or at the conclusion of any criminal proceeding under this Code, make an order as it thinks fit for the disposal of any property —
(a)
in respect of which an offence is or was alleged to have been committed or which has been used or is intended to have been used for the commission of any offence or which constitutes evidence of an offence; and
(b)
which is produced before the court or is in the court’s custody or the custody of a police officer or any other person who has seized the property pursuant to any law.
(3) If an order is made under this section in a case in which an appeal lies, the order must not, except where the property is perishable, be carried out until the period allowed for the appeal has lapsed or the appeal has been dealt with.
(4) In this section, “property” includes not only property that was originally in the possession or under the control of a party to the case, but also property into or for which it has been converted or exchanged and anything acquired by this conversion or exchange, whether immediately or later.
365. Instead of itself making an order under section 364, a court may direct the property to be delivered to a Magistrate who must deal with it under section 364 as if it were property produced in proceedings before a Magistrate’s Court.
366.
—(1) Where a person is convicted of an offence that includes or amounts to theft or receiving stolen property, and it is proved that another person had bought the stolen property from him without knowing or having reason to believe that it was stolen, the court may, on application by the purchaser and after restoring the stolen property to its rightful owner, order that a sum not exceeding the price paid by the purchaser be given to him out of any money in the possession of the convicted person.
(2) Any order made under this section does not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the sum paid under the order, but any claim by a person or his representatives for civil damages in respect of the purchase of stolen property arising from the offence, shall be deemed to have been satisfied to the extent of the amount paid to him under that order.
367. The High Court may direct an order under section 364, 365 or 366 made by a Magistrate’s Court or District Court to be stayed pending consideration by the High Court and may modify, alter or annul that order.
368.
—(1) On a conviction under section 292, 293, 500, 501 or 502 of the Penal Code (Cap. 224), the court may order the destruction of any object, matter, substance, or any other property (including any copy of such property in any media) in respect of which the conviction was had and which is in the custody of a police officer or the court, or which remains in the possession or power of the person convicted.
(2) On a conviction under section 272, 273, 274 or 275 of the Penal Code, the court may order the destruction of the food, drink, drug or medical preparation in respect of which the conviction was had and which is in the custody of a police officer or the court, or which remains in the possession or power of the person convicted.
369.
—(1) Where a person is convicted of an offence involving criminal force and it appears to the court that by that force another person has been dispossessed of any immovable property, the court may order the possession of it to be restored to that other person.
(2) Such an order does not affect any right or interest to or in that immovable property which a person may be able to establish in a civil suit.
370.
—(1) If a police officer seizes property which is taken under section 35 or 78, or alleged or suspected to have been stolen, or found under circumstances that lead him to suspect an offence, he must make a report of the seizure to a Magistrate’s Court at the earlier of the following times:
(a)
when the police officer considers that such property is no longer relevant for the purposes of any investigation, inquiry, trial or other proceeding under this Code; or
(b)
one year from the date of seizure of the property.
(2) Subject to subsection (3), the Magistrate’s Court must, upon the receipt of such report referred to in subsection (1), make such order as it thinks fit respecting the delivery of the property to the person entitled to the possession of it or, if that person cannot be ascertained, respecting the custody and production of the property.
(3) The Magistrate’s Court must not dispose of any property if there is any pending court proceeding under any written law in relation to the property in respect of which the report referred to in subsection (1) is made, or if it is satisfied that such property is relevant for the purposes of any investigation, inquiry, trial or other proceeding under this Code.
371.
—(1) If the person entitled to the property referred to in section 370 is known, the Magistrate’s Court must cause a notice to be served on that person instructing him to take delivery of the property within the period specified in the notice which must be at least 48 hours after the date of service of the notice.
(2) Section 116 shall apply as nearly as may be practicable to the procedure governing the service of the notice referred to in subsection (1) as if a summons were a notice.
(3) If the person entitled to the property referred to in section 370 fails to take delivery of the property within the period specified in the notice referred to in subsection (1), the Magistrate’s Court may, after one month from the expiry of that period, cause the property to be sold.
(4) Notwithstanding the other provisions in this section, if the property is perishable or if, in the opinion of the Magistrate’s Court, its value is less than $500, the Magistrate’s Court may cause the property to be sold at any time.
(5) The Magistrate’s Court must pay the net proceeds of the sale under subsections (3) and (4) on demand to the person entitled.
372.
—(1) If the person entitled to the property referred to in section 370 is unknown or cannot be found, the Magistrate’s Court may direct that it be detained in police custody and the Commissioner of Police must, in that case, issue a public notice, specifying the articles of which the property consists and requiring any person who has a claim to it to appear before him and establish his claim within 6 months from the date of the public notice.
(2) Every notice under subsection (1) must be published in the Gazette or any daily newspaper if, in the opinion of the Commissioner of Police, the value of the property is at least $1,000.
(3) If no person establishes a claim to the property within one month from the publication of a notice under subsection (1) and if the person in whose possession the property was found cannot show he had legally acquired it, then the property may be sold on the order of the Commissioner of Police.
(4) Notwithstanding subsection (3), if property detained in police custody under this section is perishable or is, in the opinion of the Commissioner of Police, worth less than $1,000, or if keeping it involves unreasonable expense or inconvenience, then the property may be sold at any time and this section shall apply, as nearly as may be practicable, to the net proceeds of the sale.
(5) If no person has established a claim to the property within 6 months from the publication of the notice referred to in subsection (1), the ownership of the property or (if sold) its net proceeds shall pass and be vested in the Government absolutely.
(6) If a person establishes his claim to the property within 6 months from the publication of the notice referred to in subsection (1), and the property has already been sold by the Commissioner of Police, that person shall only be entitled to the net proceeds.
(7) In respect of property to which the person entitled is unknown or cannot be found, the Magistrate’s Court may order the property to be destroyed or otherwise disposed of at any time if in its opinion —
(a)
the property is of no appreciable value; or
(b)
its value is so small as to —
(i)
make its sale impracticable; or
(ii)
make the keeping of it in police custody unreasonably expensive or inconvenient.