NARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTIONS) LAW - 1990 (PNDCL 236)

    Section - 15 - Persons Liable to be Proceeded Against.

    (1) Any person who-

    (a) has been convicted of an offence under Part I or Part II of this Law or of a corresponding offence under a foreign law committed after the commencement of this Law; or

    (b) who holds, conceals, receives or uses directly or indirectly any illegal property knowing or having reason to believe it to be illegal property,

    is liable to be proceeded against under this Part.

    (2) A present holder of any property which was at any time previously held by a person referred to in paragraph (a) shall also be liable to be proceeded against under this Part, unless the present holder or any person who held the property before the present holder purchased the property in good faith for valuable consideration.

    (3) Where a person referred to in subsection (1) or (2) is deceased, his personal representative, or where there is no personal representative any person who has a beneficial interest in the estate of the deceased may be proceeded against.

    (4) No person shall be proceeded against under subsection (3) unless the Attorney-General has made an application to a court and the court after hearing the parties orders the person specified to be proceeded against.

    (5) No proceedings against a liable person shall be instituted under this Part if there is pending against him in any court in Ghana any prosecution for an offence under Part I or Part II of this Law.

    (6) Where during the pendency of proceedings against a liable person under this Part there is instituted against him in a court in Ghana any prosecution for any of the offences specified in subsection (5) of this section the proceedings in the court under this Part shall be stayed until the proceedings in respect of the prosecution have been finally concluded.

    (7) Where any proceedings in a court against a liable person under this Part are prohibited from being instituted, or are stayed, under subsection (6) such prohibition or stay shall not-

    (a) affect any earlier seizure or lawful exercise of any power of the Attorney-General or a police officer and any such act shall remain in force until the final conclusion of the proceedings under this Part; or

    (b) prevent the further or continued exercise, or the fresh exercise by a police officer or the Attorney-General of his powers in respect of that liable person.