39. (1) A person authorised, or an Inspector appointed, under section 34 who seizes any living thing or other article of food, or any ingredient, substance or container under sub-section (3) of section 37 shall, when such living thing or other article of food, ingredient, substance or container is notdestroyed in pursuance of the provisions of section 38, inform the person from whose possession it is seized that it will be produced before a Magistrate, and shall produce it before a Magistrate as soon as may be after such seizure. (2) Whether or not any complaint is made under the Pakistan Penal Code or under this Ordinance, if the Magistrate before whom a living thing or other article of food, or any ingredient, substance or container is produced under sub-section (1) considers, after taking such evidence as he may think necessary, that - (a) such living thing or other article of food, ingredient or substance is unsound, unwholesome or unfit for human food or is adulterated, or(b) such container has been used for the manufacture or containing, for the purposes of sale, of any adulterated article, ingredient or substance or has rendered any food manufactured or contained therein unwholesome or unfit for human food, he shall cause such living thing or other article, ingredient, substance or container to be forfeited to the local authority for the local area in which the seizure took place, and the local authority shall forthwith cause such living thing or other article, ingredient, substance or container to be destroyed or otherwise disposed of in such manner as to prevent it being used for human consumption or for the manufacture or containing, for the purposes of sale, of any article, ingredient or substance, as the case may be. (3) The Magistrate shall further direct that the cost of the forfeiture, destruction or disposal ordered under sub-section (2) shall be paid by the person from whose possession the living thing or other article of food, ingredient, substance or container was seized, and such cost shall be realised from that person as though it were a fine imposed under this Ordinance. (4) If, after taking the evidence referred to in sub-section (2), the Magistrate considers that- (a) any living thing or other article, or any ingredient or substance, produced before him is not unsound, unwholesome or unfit for human food or is not adulterated, or (b) any container produced before him has not been used for the manufacture or containing, for the purposes of sale, of any adulterated article of food, ingredient or substance or has not rendered any food manufactured or contained therein unwholesome or unfit for human food, he may direct that such living thing or other article, ingredient, substance or container, as the case may be, shall be restored to the person from whose possession it was seized, and may further direct that the local authority for the local area in which the seizure took place shall pay to that person such sum as the Magistrate may fix by way of compensation for any deterioration in the value of such living thing or other article, ingredient, substance or container resulting from its seizure or removal.