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P-29 - Food Products Act
Section 33.4.1
Disposition versions
33.4.1. Notwithstanding sections 33.4 and 33.7, where a thing seized or the proceeds of the sale thereof cannot be returned as a result of unlawful possession to the person from whom the thing was seized or to a person who claims to have a right therein, the judge shall, on the application of the seizor or the prosecutor, order the confiscation of the thing or proceeds ; if unlawful possession is not proved, the judge shall designate the person to whom the thing or the proceeds may be returned.
Prior notice of the application must be served on the person from whom the thing was seized and on the other person entitled to make such an application, except where they are in the presence of the judge. Such prior notice may, where applicable, be given with the statement of offence, specifying that the application for confiscation is to be made at the time of the judgment.
The Minister shall prescribe the procedure for disposing of the thing confiscated.
