44. The rightful owner or possessor of the seized property may, at any time, request of the justice of the peace that his property be returned to him.
The request must be served on the person who seized the property or, if proceedings are instituted, on the prosecuting party.
The judge shall grant the request if he is convinced that the person making the request will suffer grave and irreparable prejudice if retention of the property is continued and returning it will not impede justice.