Procedure on seizures

(1) The Court may, at any time until an information or charge is laid in respect of the alleged offence for which the property was seized, on application by– (a) the person from whom the property was seized; or (b) the owner or person entitled to the possession of the property seized, Fisheries Resources [CAP. 210 57 release the property to any such person under bond in such sum and under such sureties and conditions, if any, as the Court may specify. (2) Where a person to whom property is released under sub- section (1) fails to comply with the conditions of any bond or with any condition specified by the court– (a) the property may be re-seized at any time at the direction of the court; (b) the provisions of this section shall thereupon apply to the property as if it had been seized under section 48 of this Act; (c) the Fisheries Administrator may, in the case of failure to comply with the conditions of any bond, apply to the Supreme Court for an order for estreat of the bond; (d) where the Fisheries Administrator so applies the Registrar shall fix a time and place for the hearing of the application, and shall, not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place so fixed; (e) if on the hearing of any such application it is proved to the satisfaction of the Court that any condition of the bond has not been kept, the Court may make an order to estreat the bond to such an amount as it thinks fit to a person bound thereby on whom notice is proved to have been served in accordance with this sub- section; and (f) any penalty payable in accordance with this sub-section shall be recoverable as if it were a fine. 58 Fisheries Resources (3) Where, in the opinion of the Fisheries Administrator, any fish or other article seized section 48 of this Act may rot, spoil, deteriorate or otherwise perish, the Fisheries Administrator may apply to the Court for its sale or disposal in such manner as the Court may determine and the sale shall be at fair market value. (4) Where the ownership of any property seized, cannot at the time of seizure be ascertained, the property seized shall be forfeited to the Government and shall be disposed of as directed by the Court after 90 days from the date of seizure if, within that time, it has not been possible to establish the ownership of the property or where sub-section (3) applies, the period of time may be determined by the Court. (5) A purchaser for valuable consideration of any fish, article or property sold under sub-section (3) or sub-section (4) shall derive good and unencumbered title in respect of that fish, article or property, as the case may be. (6) Subject to sub-section (1), all property seized under section 48 of this Act and the proceeds from the sale of any such property pursuant to sub-section (3), except where such property has been disposed of by the Government pursuant to sub-section (4), shall be held in the custody of the Fisheries Administrator acting on behalf of the Government until– (a) a decision is made not to lay any information or charge in respect of the alleged offence for which the property was seized; or (b) where such a charge or information is laid, upon the completion of proceedings in respect of the alleged offence for which the property was seized, or such sooner time as the Court may determine. seized properly.