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Disposal of things seized.
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16.—(1) An inspector who, in accordance with this Act, has seized any package or other thing shall not dispose of it without the consent in writing of the owner or the person in apparent charge or control of it, but in the case of any thing other than a document, it may be disposed of if a direction is given pursuant to this section by a Peace Commissioner for its disposal.
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(2) A person who under this Act has seized any package may, on giving notice in writing to the owner or to the person who, when the seizure was made, was in apparent charge or control of it of his intention to do so, apply to a Peace Commissioner for a direction that the package be disposed of (by destruction or otherwise) in a manner specified in the direction.
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(3) A Peace Commissioner to whom an application in that behalf is duly made under this section shall, if he is satisfied that the goods included in any package in respect of which the application is made are, or are likely, before it can be used as evidence in proceedings for an offence under this Act, to become, unfit for human consumption, or if he is satisfied for any other reason that the package ought not to be further retained, give a direction under this section authorising its disposal (by destruction or otherwise).
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(4) Where a direction is given under this section, the person who applied for the direction shall, as soon as may be, give notice of the making of the direction to the person to whom notice was given in pursuance of subsection (2) of this section.
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(5) Any person who is aggrieved by a direction under this section may, not later than seven days after the making of the direction, appeal to a Justice of the District Court against the direction and in determining the appeal the Justice may—
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(a) if he is satisfied that the direction was properly given and that, having regard to the circumstances of the case, the direction should be confirmed, confirm the direction, and
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(b) if he is not so satisfied, annul the direction.
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(6) (a) Subject to paragraphs (c) and (d) of this subsection, a direction under this section shall not have effect until the expiration of seven days from the date of its making.
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(b) If an appeal to the District Court is taken against a direction under this section, the order shall, if the District Court confirms the direction, have effect at such time as that court determines.
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(c) If a Peace Commissioner is satisfied that for any reason a direction given by him under this section should have effect before the expiration of seven days from the date of its making and he specifies in the direction the time when it should so have effect, the direction shall have effect at the time so specified.
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(d) Where a thing is disposed of in accordance with a direction under this section and, on appeal, the District Court annuls the direction, the District Court may order the payment by the Minister to the owner of such compensation (if any), costs (if any) and expenses (if any) as it considers reasonable having regard to any loss, costs and expenses incurred by the owner by reason of the disposal under this section.
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(7) Where a Peace Commissioner gives a direction pursuant to this section, he shall, on the production to him of the thing to which the direction relates by the person applying for the direction, give to that person a certificate in the prescribed form describing the thing and stating that a direction under this section has been given by him in respect of it.
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(8) Moneys payable pursuant to a disposal under this section shall be paid to the Minister.
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