Marginal note:Forfeiture on consent
41. (1) Where an inspector has seized any device, commodity or other thing pursuant to subsection 39(1) and the owner thereof or the person in lawful possession thereof at the time of seizure consents in writing to the forfeiture of the device, commodity or other thing, the device, commodity or other thing is forfeited to Her Majesty.
Marginal note:Forfeiture by order of court
(2) Where a person is convicted of an offence under this Act and any device, commodity or other thing seized pursuant to subsection 39(1) by means of or in relation to which the offence was committed is then being detained, the device, commodity or other thing
(a) is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or
(b) shall, on the expiration of the time for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to possession thereof on such conditions, if any, relating to sale or advertising as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.
- 1970-71-72, c. 36, s. 41.
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