33.4. The owner or person who had possession of the thing seized may, at any time, apply to a judge to obtain the release of the thing or the proceeds of the sale thereof, except where the owner or person has applied for an authorization under section 33.1.1.
The application shall be served on the seizor or, if proceedings have been instituted, on the prosecutor.
The judge shall grant the application if he is satisfied that the applicant will suffer serious or irreparable damage if detention of the seized thing or the proceeds of the sale thereof is maintained and release will not hinder the course of justice.
1986, c. 95, s. 240; 1992, c. 61, s. 450; 1997, c. 68, s. 6; 2000, c. 26, s. 26.