Criminal Procedure and Evidence Act Zimbabwe (2) If the person who may lawfully possess the article in question is known and has not applied for the return or delivery of the article, notice shall be sent by registered post to his last known address that he may take possession of the article, and if such person fails to take possession of the article within three months from the date of such notice being sent, the article shall be forfeited to the State. (3) Where an article has been forfeited to the State in terms of paragraph (iii) of subsection (1) or subsection (2), a magistrate within whose area of jurisdiction the article was, in terms of paragraph (c) of section fifty-eight, retained in police custody may at any time within a period of three years from the date of the original seizure by a police officer or delivery to a police officer, as the case may be, of the article, upon the application of any person who claims that any right referred to in paragraph (a) or (b) is vested in him, inquire into and determine such right and, if the magistrate finds that the article— (a) (b) is the property of the applicant, he shall— (i) set aside the forfeiture and direct that the article be returned to such person; or (ii) if the State has disposed of the article, direct that the applicant be paid adequate compensation by the State; was sold to the accused in pursuance of a contract under which he becomes the owner of the article upon payment of a stipulated price, whether by instalments or otherwise, and under which the seller becomes entitled to the return of the article upon default of payment of the stipulated price or any part thereof, he shall— (i) direct that the article be sold by public auction and that the said seller be paid out of the proceeds of the sale an amount equal to the value of his rights under the contract to the article, but not exceeding the proceeds of the sale; or (ii) if the State has disposed of the article, direct that the said seller be paid adequate compensation by the State. (4) If a determination by a magistrate of an application in terms of subsection (3) is adverse to the applicant, he may appeal therefrom as if it were a conviction by the court making the determination. (5) When determining any rights in terms of subsection (3), the magistrate may hear such evidence, whether by affidavit or orally, as he may think fit. (6) If, in making an order under subsection (3)(a) or (b) in favour of an applicant, it appears to the magistrate, from the evidence presented before him or her in the course of hearing the application, that— (a) the amount, if any, realised by the State when disposing of the article in question was inadequate to cover any costs reasonably incurred in securing the safe custody of the article; and (b) the applicant was negligent or unduly dilatory in pursuing his or her claim to the article in question; the magistrate shall afford the State an opportunity to submit a claim for the recovery of any costs reasonably incurred in securing the safe custody of the article, and, if such submission is made— (c) may grant the whole or any part of such costs as to the magistrate appears reasonable: Provided that such costs must not exceed the reasonably estimated value of the article to be returned, or the value of the compensation awarded or sale price realised under this section, as the case may be; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 35