Section 65: Security for release of seized items

65. Security for release of seized items (1) The owner or the person from whom an item was seized under section 58 (1) (c) may apply to the Judge in Chambers for the release of the seized item. (2) The Judge in Chambers shall not release an item— (a) which is prohibited for use; (b) for which a licence has not been issued where such licence is necessary for its operation; (c) unless the applicant furnishes a security or other guarantee determined by the Judge in Chambers. (3) In fixing the security or other guarantee, the Judge in Chambers shall have regard to— (a) the value of the seized item; (b) the maximum fine for the alleged offence; and (c) any costs or expenses incurred or reasonably foreseen to be incurred by the State and recoverable under this Act. (4) Any security or other guarantee granted under subsection (2) shall be of no effect where the applicant produces the item when called upon to do so by any Court hearing his case.