206
Laws of Malaysia
Act 593
Chapter XLI
DISPOSAL OF EXHIBITS AND OF PROPERTY THE
SUBJECT OF OFFENCES
Court shall consider manner of disposal of exhibits
406 a . (1) At the conclusion of any proceedings under this
Code the Court shall consider in what manner the exhibits shall
be disposed of and may make any order for that purpose in
accordance with law.
(2) If the Court makes no order as to the disposal of the
exhibits they shall be handed to the police officer in charge of the
proceedings and may be dealt with by the police in accordance
with the provisions of this Chapter as if the Court had made an
order or orders to that effect:
Provided that if the police are at any time in doubt as to the
proper manner of disposing of any exhibit, or if any person
claims delivery to him of any exhibit and the police refuse such
delivery, the police or that person may apply summarily to the
Court which determined the case and the Court shall make such
order regarding the disposal of the exhibit as may be proper.
Order for disposal of property regarding which offence
committed
407. (1) Any Court may if it thinks fit impound any property
or document produced before it under this Code.
(2) During or at the conclusion of any inquiry or trial in any
criminal Court the Court may make such order as it thinks fit for
the custody or disposal of any property or document whatsoever
produced before it or in its custody or the custody of the police
or of any public servant regarding which any offence appears to
have been committed or which has been used for the commission
of any offence.
The power herein conferred upon the Court shall include the
power to make an order for the forfeiture or confiscation or for
the destruction or for the delivery to any person of such property,
but shall be exercised subject to any special provisions relating
to forfeiture, confiscation, destruction or delivery contained in
the written law under which the conviction was had.
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