138Power to order delivery of possession of goods in custody of police officer

### 138 Power to order delivery of possession of goods in custody of police officer > > (1)  [*\[Section 138 Subsection (1) amended by No. 40 of 1999, s. 10, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#GS10@EN) When possession has been taken by a police officer of property in relation to which an offence is alleged to have been committed and– > > > > > > (a) proceedings taken against the alleged offender have terminated by his conviction or discharge; or > > > > > > > (b) the alleged offender is not known or cannot be found– > > > > or when property reasonably supposed to have been stolen has come into the possession of a police officer, and in either case the police officer is not satisfied as to who is entitled to the property or the owner of the property is not known or cannot be found, the officer may apply to a court of petty sessions for directions for the disposal of the property. > > > (2)  [*\[Section 138 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja55@GC1@EN) [*\[Section 138 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja29@GC6@EN) The justices, after such inquiry as they may think sufficient, may make an order for the delivery of the property to any person who appears to them to be entitled thereto, or if no claim to the property is established may make an order that it shall be sold or otherwise disposed of, and that the net proceeds of the sale, if any, shall be paid into the Public Account if no claim thereto is established within 3 months after the date of their order. > > > (3)  If there are several claimants to the property, the justices, after hearing the several claimants appearing before them, may make an order for the delivery of the property on such terms as they may think necessary for securing the safe custody thereof pending any action which may be brought for the recovery thereof. > > > (4)  An order under this section does not prejudice the right of a person to recover in a court of competent jurisdiction the property to which the order relates from the person to whom it is so delivered if proceedings for the recovery thereof are taken within 6 months after the order is made.