ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

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 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 destruction of such property 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 under 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 contingency and shall, except when the property is livestock or property subject to speedy and natural decay, include in such order all necessary directions and conditions 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 property may have been converted or exchanged, and any thing acquired by such conversion or exchange, whether immediately or otherwise.




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