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(1) A person who claims an interest in property seized under this Act shall apply to the Court within ninety days after the date of seizure for an order that the property be returned to that person.

(2) If the Court is satisfied that,

(a) the person is entitled to possession of the property;

(b)) the property is not tainted property; and

(c) the person in respect of whose charge, proposed charge or conviction the seizure of the property was made has no interest in the property,

the Court shall order the return of the property to the applicant.