33IDisallowance of seizure

#### 33I Disallowance of seizure 33I Disallowance of seizure > > (1) Any person claiming to be entitled to any seized item may, within 10 days after the date on which the seizure took place, make an application to the District Court for an order disallowing the seizure. > > > (2) An application made under subsection (1) must not be heard unless the applicant has previously served a copy of the application on the Health Secretary. > > > (3) The Health Secretary is entitled to appear as respondent at the hearing of an application made under subsection (1). > > > (4) The District Court must, on the hearing of an application made under subsection (1), make an order disallowing the seizure— > > > > > (a) if it is proved by or on behalf of the applicant that the applicant would, but for the seizure, be entitled to the seized item and if it is not proved by or on behalf of the respondent beyond all reasonable doubt that an offence was being or had been at the time of the seizure, committed in relation to the seized item, or > > > > > (b) if, in the opinion of the Court, there are exceptional circumstances justifying the making of an order disallowing the seizure. > > > (5) In any other case, the District Court must refuse the application. > > > (6) If on the hearing of an application made under subsection (1) it appears to the District Court that the seized item that is the subject of the application is required to be produced in evidence in any pending proceedings in connection with an offence against this Act or the regulations, the Court may, either on the application of the respondent or on its own motion, adjourn the hearing until the conclusion of those proceedings. > > > (7) If the District Court makes an order under subsection (4) disallowing the seizure of any seized item, the Court must also make one or both of the following orders— > > > > > (a) an order directing the respondent to cause the seized item to be delivered to the applicant or to such other person as appears to the Court to be entitled to it, > > > > > (b) if the seized item cannot for any reason be so delivered or has in consequence of the seizure depreciated in value, an order directing the Health Secretary to pay to the applicant such amount by way of compensation as the Court considers to be just and reasonable. > > > (8) The award of costs with respect to the hearing of an application made under subsection (1) is at the discretion of the District Court. > > > (9) If the District Court makes an order for the payment of any amount as compensation under subsection (7) (b) or awards any amount as costs under subsection (8), that order is enforceable as a judgment of the Court. > > > (10) In this section— > > > > seized item means anything seized by an inspector under section 33B (2) (h). > > **s 33I:** Ins 2003 No 18, Sch 2 \[22\]. Am 2018 No 2, Sch 3 \[2\].