In seeking an order under s.42(3) Drug Trafficking Act 1994 for the further detention of cash seized, the receipt by the justices of Form C in the schedule to the Magistrates' Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991 was not mandatory and in any event its receipt did not constitute a necessary part of the originating process so as to render the process irretrievably flawed if not received.

CA (Civ Div) (Kennedy LJ, Chadwick LJ, May LJ)

09/03/2000