Victims and other owners

(1) A person who claims that any cash, or any part of it, that is detained under section 38 belongs to him, may apply to a magistrate for the cash, or part of the cash, to be released to him. (2) An application under sub-section (1) may be made in the course of detention or forfeiture proceedings or at any other time. (3) If, on an application under sub-section (1), it appears to the magistrate that– (a) the applicant was deprived of the cash to which the application relates, or of property which it represents, by unlawful conduct; (b) the property he was deprived of was not, immediately before he was deprived of it, tainted property or terrorist property; and (c) the cash belongs to him, the magistrate may order the cash to which the application relates to be released to the applicant. (4) The magistrate may order the cash to which the application relates to be released to the applicant where– (a) an applicant under sub-section (1) is not the person from whom the cash to which the application relates was seized; (b) it appears to the magistrate that that cash belongs to the applicant; and (c) no objection to the making of an order under this sub-section has been made by the person from whom that cash was seized.