Section 45
of Criminal Asset Recovery Order, 2012
Section 45
(1)
While cash is detained under section 43, an application for the forfeiture of the whole or any part of it may be made to the High Court by the Public Prosecutor.
(2)
The High Court may order the forfeiture of the cash or any part of it if satisfied that on the balance of probabilities the cash or part is –
(a)
tainted property; or
(b)
intended by any person for use in an unlawful activity.
(3)
Where an application for the forfeiture of any cash is made under this section, the cash is to be seized and may not be released under any power conferred by this Order until any proceedings in pursuance of the application including any proceedings on appeal are concluded.
(4)
Where cash has been seized or detained under sections 42 and 43 and no application under section 48 has been made within the period of 30 days from the time of seizure, then the cash shall be forfeited to the Government.
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
54
BLUV as at 11th March 2017
Application of forfeited cash.