Section 4
of Drug Trafficking (Recovery of Proceeds) Act
Section 4
(1)
If, on an application by the defendant in respect of a confiscation order, the High Court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order the court shall issue a certificate to that effect, giving its reasons.
(2)
For the purpose of subsection (1) —
(a)
in the case of realisable property held by a person who has been adjudged bankrupt or whose estate has been sequestrated, the court shall take into account the extent to which any property held by him may be distributed among creditors; and
(b)
the court may disregard any inadequacy in the realisable property which appears to it to be attributable wholly or partly to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made a gift caught by this Act from any risk of realisation under this Act.
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 13
(3)
Where a certificate has been issued under subsection (1), the defendant may apply to the court which made the confiscation order for the amount to be recovered thereunder to be reduced.
(4)
The court shall, on an application under subsection (3), substitute for the amount to be recovered under the order such lesser amount as it thinks just in all the circumstances of the case.
Assessing proceeds of drug trafficking.