38. (1) When any living thing or other article of food, or any ingredient, substance or container is seized under sub-section (3) of section 37, it may, with the written consent (witnessed by two other persons) of the owner or the person in whose possession it was found, be forthwith destroyed. (2) If such consent be not obtained, then if the article, ingredient or substance so seized is of a perishable nature and is in the opinion of the Inspector or the person authorised under section 34, unsound, unwholesome or unfit for human food, it may likewise be destroyed. (3) The expenses incurred in taking any action under sub-section (1) or sub-section (2) shall be realised as public demand from the person in whose possession such living thing or other article of food, ingredient or substance was at the time of its seizure.