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MISUSE OF DRUGS ACT 1981 - SECT 28

MISUSE OF DRUGS ACT 1981 - SECT 28

28 .         Compensation for destroyed seized property

        (1)         In this section —

        seized property means a dangerous substance, or a thing contaminated with a dangerous substance, seized under section 26.

        (2)         This section does not apply to or in respect of any seized property that has been forfeited to the Crown.

        (3)         If any seized property is destroyed —

            (a)         under section 27(1)(a)(i); or

            (b)         under an order made under section 27(1)(b),

                a person who was entitled to possession of it when it was seized is entitled to recover from the State (if necessary, by action in a court of competent jurisdiction) compensation equal to its market value at the time it was seized.

        (4)         If under section 27(4) any seized property is destroyed and —

            (a)         in the 12 months after the date on which the property was seized no person is charged with an offence that involved the possession, use, sale or supply of it; or

            (b)         a person is charged with such an offence but is acquitted, whether at trial or on appeal, and any appeal against the acquittal is concluded,

                any person who was entitled to possession of the property when it was seized is entitled to recover from the State (if necessary, by action in a court of competent jurisdiction) compensation equal to its market value at the time it was seized.

        [Section 28 inserted: No. 44 of 2010 s. 8.]