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

    Section - 18 - Forfeiture of Property in Certain Circumstances.

    (1) Where-

    (a) at the hearing of the notice to show cause, under subsection (1) of section 17, the person against whom the notice was issued fails to appear and the court is satisfied that he could not be served or that he has absconded or is outside Ghana and cannot be compelled to attend before the court; or

    (b) at any time during the proceedings, the person affected fails without reasonable cause to attend the proceedings,

    the proceedings shall be continued in his absence.

    (2) The court, at the conclusion of the proceedings under this section shall record a finding-

    (a) whether or not any property specified in the application is illegal property; and

    (b) whether or not the liable person is the holder of the illegal property.

    (3) Where the court records a finding that any of the properties specified in the application made by the Attorney-General is illegal property and that the person named in the application is the holder of the illegal property, it shall order that such property be forfeited subject to the provisions of this Part.

    (4) Where the court finds that all or any of the properties specified in the Attorney-General's application are illegal properties but that the person affected is not the holder of the property, then whether or not the court finds the person affected to be a liable person the court shall order that the property be forfeited, unless another person claims to be lawfully entitled to it as a purchaser in good faith for valuable consideration or the Attorney-General informs the court that he intends to make a fresh application in respect of the illegal property against a liable person other than the person to whom the application relates.

    (5) Where another person claims under subsection (4) to be lawfully entitled to the illegal property as a purchaser in good faith for valuable consideration the court shall proceed to consider such claim, and if, after giving an opportunity to the Attorney-General to rebut the claim, the court is satisfied that the person is not a purchaser in good faith for valuable consideration, it shall order that the property be forfeited.