35Return of seized items

35 Return of seized items (1) Where a thing is seized under this Act, is not destroyed under section 19B, 19P or 19PB and no proceedings are instituted for an offence relating to it, the Commissioner of Police: (a) shall return it to the person whom the Commissioner believes, on reasonable grounds, is its owner and is entitled by law to have it in the person's possession; or (b) shall, by notice in writing, where the Commissioner is not satisfied as to whom it should be returned, require the person from whom it was seized, or a person appearing to the Commissioner to be its likely owner, to claim delivery of it. (2) The Commissioner of Police shall not return a thing seized under this Act unless satisfied that it is not a dangerous drug, precursor or other thing the possession of which by the person to whom the Commissioner would otherwise return it would constitute an offence. (3) If no claim is made within 21 days after the date of service of a notice under subsection (1)(b), or after reasonable inquiry the person to whom the notice is addressed cannot be found, the thing seized is forfeited to the Crown and shall be disposed of in the manner directed by the Minister. Misuse of Drugs Act 1990 73 (4) Where a person served with a notice under subsection (1)(b) makes a claim for the delivery to the person of a thing seized or, in the opinion of the Commissioner of Police, the owner is not entitled by law to have the thing seized in the owner's possession, the Commissioner shall refer the claim or question to the Local Court and the court may deal with the matter as if, in either case, it were a claim under section 130B of the Local Court (Criminal Procedure) Act 1928 by a claimant of property.