Section 108
of Criminal Asset Recovery Order, 2012
Section 108
(1)
An authorised officer shall, unless otherwise ordered by any court –
(a)
at the close of an investigation or any proceedings arising from the investigation; or
(b)
with the prior written consent of the competent authority or the relevant enforcement agency, as the case may be, or of any authorised officer superior to him in rank, at any time before the close of an investigation, release any property, record, report or document seized, detained or removed by him or any other authorised officer, to such person as he determines to be lawfully entitled to the property, record, report or document if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Order, or for the purpose of any prosecution under any other written law.
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
107
BLUV as at 11th March 2017
(2)
The authorised officer effecting the release under subsection (1) shall record in writing the circumstances of, and the reason for, such release.
(3)
Where the authorised officer is unable to determine the person who is lawfully entitled to the property, record, report or document or where there is more than one claimant to the property, record, report or document, or where the authorised officer is unable to locate the person under subsection (1) who is lawfully entitled to the property, record, report or document, the authorised officer shall report the matter to a magistrate who shall then deal with the property, record, report or document as provided for under sections 363, 364 and 365 of the Criminal Procedure Code (Chapter 7).
Statement to be admissible.