section 491.1(1)


491.1(1) Where an accused or defendant is tried for an offence and the court determines that an offence has been committed, whether or not the accused has been convicted or discharged under section 730 of the offence, and at the time of the trial any property obtained by the commission of the offence (a) is before the court or has been detained so that it can be immediately dealt with, and (b) will not be required as evidence in any other proceedings, section 490 does not apply in respect of the property and the court shall make an order under subsection (2) in respect of the property.