The court, on the hearing of an application made under section 54 , must make an order disallowing the seizure of an item if –

(a) it is proved that the applicant would, but for the seizure, be entitled to the item and it is not proved that an offence under this Act was being or had been or was about to be committed, being an offence of which the item was evidence; or

(b) in the opinion of the court, there are exceptional circumstances justifying the making of such an order –

but otherwise the court must refuse the application.