35C. Disposal of property seized or dealt with
Subject to this section, where the Court is satisfied that property will no longer be required for the purposes of sections 34 and 36 or any enactment providing for forfeiture or for the purpose of any investigation or as evidence in any proceeding, the Court shall, on the application of the Director of Public Prosecutions or any person having an interest in the property or on the Court's own motion—
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(a) where a restraining order is made in relation to any property, revoke the order;
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(b) where a recognizance has been entered into under section 35A(4)(a), cancel the recognizance; and
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(c) where property has been seized under a warrant issued under section 35 or where the property is under the control of a person appointed under section 35A—
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(i) if possession of it by the person from whom it was taken is lawful, order that it be returned to that person,
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(ii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, order that it be returned to the lawful owner or the person who is lawfully entitled to its possession, or
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(iii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is not known, may order that it be forfeited to the Crown, to be disposed of or otherwise dealt with in accordance with law.
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(Inserted by Act 5 of 2010)