38. Where unlawful possession of the thing seized prevents its return to the person from whom it was seized or to the person who claims to have title to it, the judge shall order it confiscated on application by the plaintiff; if unlawful possession is not established, the judge shall designate the person to whom the thing may be delivered.
Prior notice of the application shall be given to the person from whom the thing was seized and to the other person who may file the application.
1989, c. 37, s. 38; 1992, c. 61, s. 297; I.N. 2016-01-01 (NCCP).