section 395(2)

SECTION WORDING

395(2) Where, on search, anything mentioned in subsection (1) is found, it shall be seized and carried before the justice who shall order (a) that it be detained for the purposes of an inquiry or a trial; or (b) if it is not detained for the purposes of an inquiry or a trial, (i) that it be restored to the owner, or (ii) that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained.