Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Perishable things

490.01 Where any thing seized pursuant to this Act is perishable or likely to depreciate rapidly, the person who seized the thing or any other person having custody of the thing

• (a) may return it to its lawful owner or the person who is lawfully entitled to possession of it; or

• (b) where, on ex parte application to a justice, the justice so authorizes, may

  • (i) dispose of it and give the proceeds of disposition to the lawful owner of the thing seized, if the lawful owner was not a party to an offence in relation to the thing or, if the identity of that lawful owner cannot be reasonably ascertained, the proceeds of disposition are forfeited to Her Majesty, or

  • (ii) destroy it.