209d.

(1)

All things seized in exercise of the powers conferred by section 209b (1) shall be liable to forfeiture

(2)

Where anything has been seized under section 209b (1), the seizing officer may, at his discretion, temporarily return such thing to the owner of the same on security being furnished to the satisfaction of the seizing officer that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction. 

(3)

An order for the forfeiture or for the release of anything seized in exercise of the powers conferred under section 209b (1) shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the court that an offence under section 32a or 209 has been committed and that the thing was the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of such offence. 

(4)

if there be no prosecution with regard to anything seized in exercise of the powers under that subsection, such thing shall be taken and deemed to be forfeited at the expiration of three months from the date of seizure unless before that a claim thereto is made in the following manner -

(a)

any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the Superintendent in whose possession such thing is held that he claims the same; 

(b)

in receipt of such notice the Superintendent shall refer the claim to a Magistrate Court of the First Class* for decision; [Am. Act 92].                                                                      

(c)

the Court of a Magistrate of the First Class* to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before the Court and upon his appearance or default to appear, due service of the summons being proved, the Court shall proceed to the examination of the matter and on proof that an offence under section 32a or 209 has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the same to be forfeited or may in the absence of such proof order its release. 
* Now see also sections 3 and 111 of the Subordinate Courts Act 1948 (Act 92) 

(5)

All things forfeited or deemed to be forfeited shall be delivered to the Superintendent and shall be disposed of in accordance with the direction of the Director. 

(6)

Where anything seized in exercise of the powers conferred under section 209b(1) is of a perishable nature or where the custody of such thing involves unreasonable expense and inconvenience, the Director may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.