40.7.1. Where, in accordance with the provisions of article 138 of the Code of Penal Procedure (chapter C-25.1), an application for the return of a thing seized under section 40.1 or 40.3 or of the proceeds referred to in section 40.5 is made by a person who claims to have a right therein and who is not the offender, the judge may order the return on the conditions he indicates if he is convinced that, in addition to what is provided for in article 138 of the Code of Penal Procedure, the thing or proceeds need not be retained for the purposes of this Act or that confiscation is not required under section 48.
The judge may also, in such a case, order the person to pay the costs of seizure and preservation fixed by regulation.