Page 71 of 82 (2) Where any material is confiscated under sub-section (1), the Commission shall publish in two widely circulated national dailies published from Dhaka a notice about such confiscation; and after 30 (thirty) days of publication of the notice, the Commission may dispose of the confiscated material. (3) If any person, not being the person found guilty of the offence, claims any interest in the confiscated materials as an owner, mortgagee, lien holder or in any other capacity, he may, within 30 days after publication of the notice of confiscation, submit to the trial court an application, hereinafter referred to as the said application, for obtaining an order under sub-section (5); and the court shall fix a date for hearing on the said application. (4) The applicant shall, at the time of or before submission of the said application, send a notice alongwith a copy of the said application to the Commission and other persons who, to the knowledge of the applicant, claim any interest in the confiscated material under sub-section (3). (5) If, after giving to the Commission, the applicant and other claimants a reasonable opportunity of being heard, the court is satisfied that(a) the offence, in connection with which the materials have been confiscated, was committed beyond the knowledge or permission or consent of the applicant or the other claimant; and (b) the applicant or the other claimant took such precautionary measures that he had reason to remain satisfied that the offence would not be committed by the permitted possessors or users of the materials, then the court may, declare that the interest of the applicant or other claimant in respect of whom the court is so satisfied will have preference to those of other interested persons; and in addition, the court may direct that the materials be returned to such interested person or persons or, where the materials have been sold or otherwise disposed of, direct the payment of such money out of the sale proceeds to each of such interested persons in proportion to their interest, as the court may consider appropriate. (6) The said owner or interested person shall not be entitled be to claim any compensation in a proceeding of confiscation or disposal of the material under this BTRC-TelecomLaw2001.doc 71 - 71 -