Section 27
of Drug Trafficking (Recovery of Proceeds) Act
Section 27
(1)
Subject to subsection (4), the High Court may on an application by the prosecution order any material mentioned in subsection (3) which is in the possession of public body to be produced to the court within such period as it may specify.
(2)
The power to make an order under subsection (1) is exercisable if —
(a)
the powers conferred on the court by subsection (1) of section 11 and subsection (1) of section 12 are exercisable by virtue of subsection (1) of section 10; or
(b)
those powers are exercisable by virtue of subsection (2) of section 10 and the court has made a restraint order or a charging order which has not been discharged, but where the power to make an order under subsection (1) is exercisable by virtue only of paragraph (b), subsection (3) of section 10 applies for the purpose of this section as it applies for the purposes of sections 11 and 12.
(3)
The material referred to in subsection (1) is any material which —
(a)
has been submitted to an officer of a public body by the defendant or by a person who has at any time held property which was realisable property;
(b)
has been made by an officer of public body in relation to the defendant or such a person; or
Drug Trafficking
(Recovery of Proceeds)
(c)
is correspondence which passed between an officer of a public body and the defendant or such a person, and an order under that subsection may require the production of all such material or of a particular description of such material, being material in the possession of the public body concerned.
(4)
An order under subsection (1) shall not require the production of any material unless it appears to the High Court that the material is likely to contain information that would facilitate the exercise of the powers conferred on it by sections 11 to 13, on a receiver appointed under sections 11 or 13 or in pursuance of a charging order.
(5)
The High Court may by order authorise the disclosure to such a receiver of any material produced under subsection (1) or any part of such material; but the court shall not make an order under this subsection unless a reasonable opportunity has been given for an officer of the public body to make representations to it.
(6)
Material disclosed in pursuance of an order under subsection (5)
may, subject to any condition contained in the order, be further disclosed for the purposes of the functions under this Act of the receiver or of any court.
(7)
The High Court may by order authorise the disclosure to a person mentioned in subsection (8) of any material produced under subsection (1) or any part of such material; but it shall not make an order under this subsection unless —
(a)
a reasonable opportunity has been given for an officer of the public body to make representations to it; and
(b)
it appears to it that the material is likely to be of substantial value in exercising functions relating to drug trafficking.
(8)
The persons referred to in subsection (7) are —
(a)
a police officer;
(b)
an officer of the Bureau;
(c)
the Public Prosecutor;
(d)
a Deputy Public Prosecutor; and
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 43
(e)
an officer of customs, as defined in subsection (1) of section 2 of the Customs Act (Chapter 36).
(9)
Material disclosed in pursuance of an order under subsection (7)
may, subject to any condition contained in the order, be further disclosed for the purposes of functions relating to drug trafficking.
(10)
Material may be produced or disclosed in pursuance of this section notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by any written law or otherwise.
(11)
An order made under subsection (1) and, in the case of material in the possession of a public body, an order made under subsection (2) of section 24 may require an officer of the public body (whether named in the order or not) who may for the time being be in possession of the material concerned to comply with it, and such an order shall be served as if the proceedings were civil proceedings against the public body.
(12)
The person on whom such an order is served —
(a)
shall take all reasonable steps to bring it to the attention of the officer concerned; and
(b)
if the order is not brought to that officer's attention within the period referred to in subsection (1), shall report the reasons for the failure to the court, and it shall also be the duty of any other officer of the public body in receipt of the order to take such steps as are mentioned in paragraph (a).
(13)
The Minister may, by notification published in the Gazette, specify any body to be a public body for the purpose of this section.
(14)
In this section, "public body" means —
(a)
any Ministry or Government department; and
(b)
any body specified by the Minister under subsection (13) to be a public body.
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