Section 19
of Drug Trafficking (Recovery of Proceeds) Act
Section 19
(1)
If the proceedings are instituted against a person for a drug trafficking offence or offences and either —
(a)
the proceedings do not result in his conviction for any drug trafficking offence; or
(b)
where he is convicted of one or more drug trafficking offences —
(i)
the conviction or convictions concerned are quashed;
or
(ii)
he is granted a pardon by His Majesty the Sultan and
Yang Di-Pertuan in respect of the conviction or convictions concerned, the High Court may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant by the prosecution if, having regard to all the circumstances it considers it appropriate to make such an order.
(2)
The High Court shall not order compensation to be paid in any case unless the court is satisfied that —
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 29
(a)
there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence or offences concerned; and
(b)
the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order under sections 11 to 13.
(3)
The High Court shall not order compensation to be paid in any case where it appears to it that the proceedings would have been instituted or continued if the serious default had not occured.
(4)
The amount of compensation to be paid under this section shall be such as the High Court thinks just in all the circumstances of the case.
OFFENCE OF ASSISTING DRUG TRAFFICKERS
Assisting another to retain the benefits of drug trafficking.