Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 2 : Search warrants, entering of premises, seizure, forfeiture and disposal of property connected with offences31. Disposal of article where no criminal proceedings are instituted or where it is not required for criminal proceedings |
| (1) |
| (a) | If no criminal proceedings are instituted in connection with any article referred to in section 30(c) or if it appears that such article is not required at the trial for purposes of evidence or for purposes of an order of court, the article shall be returned to the person from whom it was seized, if such person may lawfully possess such article, or, if such person may not lawfully possess such article, to the person who may lawfully possess it. |
| (b) | If no person may lawfully possess such article or if the police official charged with the investigation reasonably does not know of any person who may lawfully possess such article, the article shall be forfeited to the State. |
[Section 31(1)(b) substituted by section 2 of Act No. 5 of 1991]
| (2) | The person who may lawfully possess the article in question shall be notified by registered post at his last-known address that he may take possession of the article and if such person fails to take delivery of the article within thirty days from the date of such notification, the article shall be forfeited to the State. |