If an item seized under section 95F has not been returned to the person from whom it was seized, and—
(a) proceedings are not instituted for an offence against this Act or the regulations in relation to the seized item within 90 days of the seizure; or
S. 95H(b) amended by No. 68/2009 s. 97(Sch. item 60.2)
(b) after proceedings have been instituted and completed, the accused is not found guilty—
the person from whom the item was seized is entitled to recover the seized item, or, if it has been destroyed, compensation equal to the market value of the item at the time of the seizure.
S. 95I inserted by No. 48/2004 s. 122.