129Disputed property in possession of inspector

129 Disputed property in possession of inspector

(1) This section applies if an inspector has taken possession of any goods other than goods seized under a warrant under section 130 and there is a dispute as to whether any person claiming the goods or which of any two or more persons claiming the goods is entitled to the possession of goods.

(2) The Magistrates' Court, upon the application of the inspector, may—

(a) hear, receive and examine evidence about the application; and

(b) order that the goods should be delivered by the inspector to a specified person.

(3) The Magistrates' Court must consider the application in the presence of all the parties claiming the goods and may consider the application in the absence of a party who does not appear after having had reasonable notice of the hearing of the application.

(4) If the Court makes an order for the delivery of goods, the inspector must ensure the goods are delivered in accordance with the order.

(5) If, after the making of an order, any action is commenced against the inspector for the recovery of the goods or the value of the goods, the fact of the order and the delivery of the goods under the order may be given and is admissible in evidence in defence to the action.

(6) An order or the delivery of goods under this section does not affect the rights or liabilities of the persons claiming the goods or of the persons who have been delivered the goods under an order.