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Cap. 392 · cap/392 (Cap. 392)

Cap. 392 Art. 6Forfeiture of certain substances.

En vigueurTexte officiel

(1) Where any substance or article is developed, produced, stockpiled or is otherwise acquired or retained in contravention of the provisions of article 4, the substance or article shall be forfeited to the Government of Malta.

(2) Any Police officer may, without a warrant, seize any substance or article that is forfeited or that he has reasonable grounds to believe to be forfeited under subarticle (1), and such substance or article shall be retained until the expiration of sixty days after the seizure, or if a prosecution for an offence referred to in article 4 in relation to the substance is instituted before the expiration of that period, until the prosecution is terminated.

(3) Any person who feels aggrieved by any seizure made in accordance with subarticle (2) may, within ten days after the expiration of the sixty days therein referred to, make an action by application against the Director in the Civil Court, First Hall, challenging that seizure:

Provided that where in accordance with the same subarticle a prosecution is instituted, any question relative to the seizure shall be determined by the Court before which the prosecution is made.