1. In the event of the seizure of goods :
-classified by law as dangerous or harmful, or the manufacture, trade or possession of which is unlawful ;
-as well as goods intended for human or animal consumption but which cannot be sold pursuant to article 389 because they are unfit for consumption, or which cannot be kept without risk of deterioration; the liberty and custody judge of the judicial court in whose jurisdiction the goods are located or the investigating judge hearing the case may, at the request of the customs administration, subject to prior sampling and in accordance with the procedures laid down by decree in the Conseil d’Etat, authorise the destruction of the objects seized.
2. Decisions taken pursuant to this article shall be the subject of a reasoned order.
3. The order authorising destruction shall be notified to the owner of the property, if known, who may appeal to the Investigating Chamber by filing a declaration with the court registry within ten days of being notified of the decision. This appeal has suspensive effect. The owner may be heard by the Investigating Chamber.