(a) property has been seized under a search S. 97(2)(a) warrant or a seizure warrant; and amended by No. 63/2003 s. 26(1). (b) an application has been made under this Act to a court for a forfeiture order or civil forfeiture order in respect of the property; and (c) the court refuses to make the order being sought— the court must make an order directing that the property be returned to the person from whose possession it was seized or to such other person as the Minister or a prescribed person authorised by the Minister for the purposes of this subsection directs forthwith or, if the refusal was a refusal to make a civil forfeiture order, at the time and in the circumstances specified in the order if the court considers that an application may yet be made for a forfeiture order. (3) If property has been seized under a search warrant S. 97(3) amended by or a seizure warrant other than property seized No. 63/2003 under a warrant referred to in subsection (11) or s. 26(2). sold under section 96, the person from whose possession the property was seized or any other person who claims an interest in the property may apply to the Magistrates' Court for an order— (a) directing that the property be returned to that person; or (b) directing that the person be allowed access to the property—
S. 97(2)(a) amended by No. 63/2003 s. 26(1). (a) property has been seized under a search warrant or a seizure warrant; and (b) an application has been made under this Act to a court for a forfeiture order or civil forfeiture order in respect of the property; and (c) the court refuses to make the order being sought— the court must make an order directing that the property be returned to the person from whose possession it was seized or to such other person as the Minister or a prescribed person authorised by the Minister for the purposes of this subsection directs forthwith or, if the refusal was a refusal to make a civil forfeiture order, at the time and in the circumstances specified in the order if the court considers that an application may yet be made for a forfeiture order. S. 97(3) amended by No. 63/2003 s. 26(2). (3) If property has been seized under a search warrant or a seizure warrant other than property seized under a warrant referred to in subsection (11) or sold under section 96, the person from whose possession the property was seized or any other person who claims an interest in the property may apply to the Magistrates' Court for an order— (a) directing that the property be returned to that person; or (b) directing that the person be allowed access to the property—
97-108a081.docx