BIOLOGICAL AGENTS AND TOXINS
61
Power of seizure
54.—(1) Where the Director or an enforcement officer has exercised his power of seizure under this Act—
- (a) the Director or enforcement officer shall immediately give notice in writing of the seizure to the owner of the matter seized, or the person from whom the matter was seized, and may—
- (i) direct that the matter under seizure be kept or stored in the premises or conveyance where it was seized or be removed to any other place to be kept or stored thereat; or
- (ii) dispose of the matter seized immediately if the Director or enforcement officer is of the view that it is decayed, putrefied or deleterious to health; and
- (b) any person aggrieved by the seizure may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court and the Magistrate’s Court may—
- (i) confirm the seizure wholly or in part;
- (ii) disallow the seizure wholly or in part;
- (iii) order that any matter that has been seized be returned to its owner, subject to any condition which the Court may think fit to impose to ensure that the matter seized is preserved for any purpose for which it may subsequently be required; or
- (iv) order payment to be made to the owner of or person entitled to the matter seized of such amount as the Court considers reasonable compensation to him for any loss or depreciation resulting from the seizure.
(2) Where—
- (a) no complaint is received by the Magistrate’s Court within 48 hours of the seizure under subsection (1)(b); or
- (b) the Magistrate’s Court confirms the seizure under subsection (1)(b)(i),
the matter seized in its entirety or to the extent to which its seizure was confirmed by the Magistrate’s Court, as the case may be, shall become the property of the Government and shall be destroyed, disposed of or otherwise dealt with in such manner as the Director thinks fit.
