Syariah Courts Criminal Procedure Code · s 339

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339.
Order for custody and disposal of property in certain cases
(1) When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence. is produced before any Syariah Court during any inquiry or trial, the Syariah Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial. and if the property is subject to speedy or natural decay. may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
(2) When an inquiry or a trial in any Syariah Court is concluded. the
Syariah Court may make such order as it thinks fit for the disposal by return to any person claiming to be entitled to possession thereof, destruction, confiscation, or otherwise of any property or document produced before it or in its custody or regarding which any offence appears to have been committed. or which has been used for the commission of any offence.
(3) When the Syariah High Court makes such order and cannot through its own officers conveniently return the property to the person entitled thereto, such Syariah High Court may direct that the order be carried into effect by a Syariah Subordinate Judge.
(4) Nothing in this section is deemed to prohibit any Syariah Court from returning any property under the provision of subsection (2) to any person claiming to be entitled to the possession thereof, on his executing a bond with or without sureties to the satisfaction of the Syariah Court, engaging to restore such property to the Syariah Court if the order made under this section is modified or set aside on appeal.
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Explunation - 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 anything acquired by such conversion or exchange, whether immediately or otherwise.
B.L.R.O. 1;2021

Syuriuh Courts 186 CAP.
Criminal Procedure Code

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s 339Order for custody and disposal of property in certain cases

(1)

When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence. is produced before any Syariah Court during any inquiry or trial, the Syariah Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial. and if the property is subject to speedy or natural decay. may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

(2)

When an inquiry or a trial in any Syariah Court is concluded. the

Syariah Court may make such order as it thinks fit for the disposal by return to any person claiming to be entitled to possession thereof, destruction, confiscation, or otherwise of any property or document produced before it or in its custody or regarding which any offence appears to have been committed. or which has been used for the commission of any offence.

(3)

When the Syariah High Court makes such order and cannot through its own officers conveniently return the property to the person entitled thereto, such Syariah High Court may direct that the order be carried into effect by a Syariah Subordinate Judge.

(4)

Nothing in this section is deemed to prohibit any Syariah Court from returning any property under the provision of subsection (2) to any person claiming to be entitled to the possession thereof, on his executing a bond with or without sureties to the satisfaction of the Syariah Court, engaging to restore such property to the Syariah Court if the order made under this section is modified or set aside on appeal.

•

Explunation - 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 anything acquired by such conversion or exchange, whether immediately or otherwise.

B.L.R.O. 1;2021

Syuriuh Courts 186 CAP.

Criminal Procedure Code