40. The marine product or object seized shall be returned to the owner or person who had possession of it(1) after the expiration of 90 days from the date of seizure, unless proceedings have been instituted; or
(2) when the inspector is of opinion, after verification during that time, that no offence under this Act or the regulations has been committed or that the owner or person who had possession of the marine product or object seized has, since the seizure, complied with the conditions of this Act or the regulations.