Section 84
of Criminal Asset Recovery Order, 2012
Section 84
(1)
Where any property has been seized under this Order, and –
(a)
no prosecution for any offence under any law is instituted with regard to such property;
(b)
no proceedings are commenced by the Public Prosecutor; and
(c)
no claim in writing is made by any person that he is lawfully entitled to such property and that it is not liable to forfeiture under this Order or under any written law, within 3 months from the date of its seizure, the property shall become forfeited to the
Government immediately upon the expiration of the said period of 3 months.
(2)
Where within 3 months from the date of the seizure of any property under this
Order, a claim in writing is made thereto by any person mentioned in subsection (1)(c), the
Public Prosecutor shall within 14 days after the expiry of the said period of 3 months, refer such claim to the High Court for its decision.
(3)
The High Court to which a claim is referred under subsection (2) shall issue a summons requiring the person claiming that he is lawfully entitled to the property, and the person from whom it was seized, if he and his whereabouts are known, to appear before the
Court and upon such appearance or in default of such appearance, upon due service of such summons being proved, the High Court shall proceed to the examination of the matter and if satisfied that such property is not tainted property, shall order the same to be released to the person claiming the same upon proof that he is lawfully entitled thereto, and shall, in any other case, order the property to be forfeited.
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
86
BLUV as at 11th March 2017
(4)
The provisions of this section shall be without prejudice to the power of an authorised officer to release from seizure any property under section 108.
(5)
Where property has been forfeited under subsection (1), it shall not be a bar to any prosecution for an offence under any law being instituted in respect of such property at any time thereafter.