Procedure for disposal of confiscated medical device (1) The Court may refer the confiscated medical device to the Medical Device Officer concerned for report as to whether they are of standard quality or contravene the provisions of the Act or the rules in any respect. (2) If the Medical Device Officer, on the basis of Medical Device Testing Officer's report, finds the confiscated medical device to be not of standard quality or to contravene any of the provisions of the Act or rules made thereunder, the Medical Device Officer shall, with the approval of the Central Licensing Authority or State Licensing Authority, as the case may be, report to the Court accordingly and the Court shall thereupon order destruction of such medical devices, which shall take place under the supervision of the Medical Device Officer in the presence of such authority, if any, as may be directed by the Court: PROVIDED that the convicted person shall be liable to bear the cost of destruction of seized articles. (3) If the Medical Device Officer finds that the confiscated medical devices are of standard quality and do not contravene the provisions of the Act or the rules made thereunder, the Medical Device Officer shall, after keeping the Central Licensing Authority or the State Licensing Authority, as the case may be, informed, report to the Court accordingly. (4) The Court may return the confiscated devices to the rightful owner, and in case, the ownership is not established, the same may be given to a hospital or a dispensary maintained or supported by the Government or to a charitable institution.
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