41Return of certain seized property

#### 41 Return of certain seized property 41 Return of certain seized property > > (1) If— > > > > > (a) property has been seized pursuant to a search warrant issued under this Division, and > > > > > (b) at the time when the property was seized, a restraining order or other order under this Act affecting an interest in the property had not been applied for or granted, and > > > > > (c) before the expiration of 7 days after the property was seized, such a restraining order or other order under this Act had not been applied for or granted or, if applied for, had been refused, and > > > > > (d) the responsible person does not propose to use the property as evidence in any proceedings, > > > > the responsible person is to arrange for the property to be returned, at the expiration of that period, to the person from whose possession it was seized. > > > (2) In this section— > > > > responsible person, in relation to property, means— > > > > > (a) if the property is in the custody, or under the control, of the Commission—the Commission, or > > > > > (b) if the property is in the custody, or under the control, of a member of the Police Force—the Commissioner of Police. > > **s 41:** Am 2005 No 32, Sch 1 \[42\].