48.4. The owner or the person who had possession of the thing seized may, at any time, apply to a justice of the peace to obtain the release of the thing.
The application shall be served on the seizor or, if proceedings have been instituted, on the prosecutor.
The justice of the peace shall grant the application if he is satisfied that the applicant will suffer serious or irreparable damage if detention of the property is maintained and the release of the property will not hinder the course of justice.