36. The owner or person who had possession of the property seized may at any time apply to a judge to obtain the return of the property or the proceeds of the sale thereof.
The application must be served on the seizor or, if proceedings have been instituted, on the prosecuting party.
The judge shall grant the application if he or she is satisfied that the applicant will suffer serious or irreparable damage if detention of the property seized or of the proceeds of its sale is maintained and that the return of the property or proceeds will not hinder the course of justice.