The Chemical Weapons Convention Act, 2000
36. Procedure in
making confiscation.-
1.
In
the trial of offences under this Act, whether the accused is convicted or
acquitted or discharged, the court shall decide whether any goods seized under
this Act is liable to confiscation and, if it decides t at the goods is so
liable, it may order confiscation accordingly.
2.
Where
any goods seized under this Act appears to be liable to confiscation under
section 33 or section 34 or section 35, but the person who committed the
offence therewith is not known or cannot be found, the court may inquiry into and
decide such l ability, and may order confiscation accordingly: Provided that no
order of confiscation of any goods shall be made until the expiry of one month
from the date of seizure, or without hearing any person who may claim any right
thereto and the evidence, if any, which he produces in respect of his claim.
3.
Any
person not convicted who claims any right to property which has been
confiscated under this section may appeal to the Court of Session against the
order of confiscation.