ENACTMENT NO. 4 OF 1996
SYARIAH CRIMINAL PROCEDURE (STATE OF PENANG) ENACTMENT 1996

PART VII - SUPPLEMENTARY PROVISIONS
CHAPTER 6 - OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES



Section 202. Order for disposal of property regarding which offence committed

(1) Any Court may, if it thinks fit, impound any property or document produced before it under this Enactment.

(2) During or at the conclusion of any trial in any Court, the Court may make such order as it thinks fit for the custody or disposal of any property or document whatsoever produced before it or in its custody or the custody of any Religious Enforcement Officer or police officer or any public servant regarding which any offence appears to have been committed or which has been used for the commission of any offence.

(3) The power conferred upon the Court under subsection (2) shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions relating to forfeiture, confiscation, destruction or delivery contained in the written law which the conviction was had.

(4) A Court making an order under this section in respect of any property or document shall direct whether such order is to take effect immediately or at any future date or on the happening of any future contigency and shall, except when the property is livestock or property subject to speed and natural decay, include in such order all necessary directions to ensure that such property or document will be produced as and when required for the purposes of the trial during or at the conclusion of which such order is made or for the purposes of any appeal or further criminal proceedings resulting from such trial.

(5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.




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