New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39R

39R Return of prohibited plant or prohibited drug to lawful owner

(1) Nothing in this Part prevents a person lawfully entitled to a prohibited plant or prohibited drug seized by a member of the NSW Police Force from applying to a Magistrate, the District Court or the Supreme Court, as the case requires, for an order that the prohibited plant or prohibited drug be returned to the person and the Magistrate or court may, subject to section 39, order the return of so much of the prohibited plant or prohibited drug as has not been destroyed.

(2) Nothing in this Part prevents a Magistrate or court from ordering the return of a prohibited plant or prohibited drug to a person lawfully entitled to the prohibited plant or prohibited drug whether or not an application for the return of the prohibited plant or prohibited drug has been made by the person.