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.]