44. The owner or possessor of the thing seized may, at any time, apply to a judge to obtain the release of the thing or of the proceeds of the sale, except if the owner or possessor has applied for an authorization under section 39.
The application must be served on the seizor or, if proceedings have been instituted, on the prosecutor.
The judge grants the application if satisfied that the applicant would suffer serious or irreparable damage from continued detention of the thing seized or of the proceeds of the sale and that the release will not hinder the course of justice.