Section 9
of Drug Trafficking (Recovery of Proceeds) Act
Section 9
(1)
Subject to subsection (4), where the court has order the defendant to pay any amount under section 3 of this Act, section 253 of the Criminal
Procedure Code (Chapter 7) shall have effect as if that amount were a fine imposed on him by the court.
(2)
Where —
(a)
a warrant of commitment has been issued for a default in payment of an amount so ordered to be paid in respect of an offence or offences; and
(b)
at the time the warrant was issued, the defendant is liable to serve a term of imprisonment in respect of the offence or offences, the term of imprisonment to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b)
(3)
For the purpose of paragraph (b) of subsection (2) —
(a)
consecutive terms and terms which are wholly or partly concurrent shall be treated as single term; and
(b)
there shall be disregarded any term of imprisonment fixed under section 254 of the Criminal Procedure Code (Chapter 7) for which a warrant of commitment has not been issued at that time.
(4)
Where a defendant has been convicted of a drug trafficking offence and sentenced to death, any amount which the court has ordered him to pay under section 3 may, on an application by the prosecution to the High
Court, be realised by the High Court exercising the powers conferred by subsections (3) to (7) of section 13.
Drug Trafficking
(Recovery of Proceeds)
18
Cases in which restraint orders nad charging orders may be made.