42. The thing seized must be returned to the owner or possessor(1) if a period of 90 days has expired after the date of seizure and no proceedings have been instituted or authorization granted under section 39; or
(2) if the inspector is of the opinion, after verification during that period, that no offence under this Act or the regulations has been committed or that the owner or possessor of the thing seized has, since the seizure, complied with this Act and the regulations.