Criminal Procedure Code
211
(2) If the person so entitled is known the Magistrate may order
the property to be delivered to him on such conditions, if any,
as the Magistrate thinks fit, and shall in that case cause a notice
to be served on that person informing him of the terms of the
order and requiring him to take delivery of the property within
such period from the date of the service of the notice (not being
less than forty-eight hours) as the Magistrate may in the notice
prescribe.
(3) If that person is unknown the Magistrate may direct that
the property be detained in police custody, and the Chief Police
Officer shall, in that case, issue a public notification specifying the
articles of which the property consists and requiring any person
who has any claim to it to appear before him and establish his
claim within six months from the date of the public notification:
Provided that, where it is shown to the satisfaction of the
Magistrate that the property is of no appreciable value, or that its
value is so small as, in the opinion of the Magistrate, to render
impractical the sale, as hereinafter provided, of the property,
or as to make its detention in police custody unreasonable in
view of the expense or inconvenience that would thereby be
involved, the Magistrate may order the property to be destroyed
or otherwise disposed of, either on the expiration of such period
after the publication of notification above referred to as he may
determine or immediately as he thinks fit.
(4) Every notification under subsection (3) shall, if the value of
the property amounts to fifty ringgit, be published in the Gazette.
(5) Notwithstanding the preceding subsections, where the property
is required for the investigation of a case and it is necessary for
the property to be detained, the property shall be kept in a safe
and proper place by the Officer in charge of a Police District
where the offence was committed.
Procedure where no claim established
414. (1) If within three months from the publication of a
notification under subsection 413(3) no person establishes a
claim to such property and if the person in whose possession the
property was found is unable to show that it was legally acquired
by him, the property may be sold on the order of the Officer in
charge of a Police District.
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