Procedure in relation to forfeiture. 41. (1) Subject to subsections (3) and (4), before making an order for forfeiture of any article or thing under section 40 the magistrate shall issue a summons to—
- (a) the occupier of any premises or, in the case of a stall, the owner of the stall, in or from which the article or thing was seized;
- (b) the owner of any vessel, aircraft or vehicle in or from which the article or thing was seized;
- (c) the owner of the article or thing seized,
to appear on a day specified in the summons to show cause why the article or thing should not be forfeited.
(2) In addition to any person mentioned in subsection (1), any other person being the author or manufacturer of any article seized or a person into whose hands any such article may have passed before seizure, or a person who has an interest in any article or thing seized, may appear before the magistrate on the day specified in the summons to show cause why the article or thing should not be forfeited.
(3) If the magistrate is satisfied that any person specified in subsection (1) cannot for any reason be found or ascertained, he may dispense with the issue of a summons to that person.
(4) If any summons issued under subsection (1) has not for any reason been served and the magistrate is satisfied that all reasonable efforts were made to serve the summons on the person named in the summons he may make an order of forfeiture under section 40 notwithstanding that the summons was not served and that the person named in the summons is not given an opportunity to show cause why the article or thing should not be forfeited.
(5) An order for forfeiture of any article shall, unless the magistrate considers that there are special reasons for directing otherwise, apply to the whole of the article.
(6) In this section “owner”—
- (a) in the case of a stall includes any occupier of that stall;
- (b) in the case of a vessel includes any charterer and the master of that vessel;
- (c) in the case of an aircraft includes any operator of that aircraft; and
- (d) in the case of a vehicle includes the driver of that vehicle.
Obliteration of indecent matter. 42. (1) Subject to subsection (2) and section 43, if, upon the application of any public officer, a magistrate is satisfied that any indecent matter is publicly displayed on any building or other structure he may order the owner of the building or structure to remove or efface that indecent matter.
(2) An order shall not be made under subsection (1) if the ground of defence under section 28 is proved in respect of the public display of any matter.
(3) If a person against whom an order is made under subsection (1) fails to comply with the order within the time specified in the order, or if no time is specified, within a reasonable time, the magistrate may by warrant empower any police officer, with such assistance as may be necessary, to enter and if necessary to break into or forcibly enter such premises or place and execute that order.
