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

    Section - 31 - Order by Attorney-General in Relation to Person Intended to be Proceeded Against.

    (1) Where the Attorney-General-

    (a) intends to make an application to a court under section 16 against any person; or

    (b) intends to institute against any person prosecution for an offence under this Law; or

    (c) has already instituted against any person prosecution for an offence under this Law and the proceedings are pending,

    the Attorney-General may by order addressed to the person named in the order require the person so named or described to comply with such conditions as may be set out in the order.

    (2) For the purposes of paragraph (c) of subsection (1), proceedings in respect of a prosecution shall be regarded as pending where the decision of the court of original jurisdiction before which the proceedings are pending has not yet been delivered.

    (3) Without prejudice to the generality of subsection (1), the order may require the person named or described in the order-

    (a) to disclose to the Attorney-General within such time as may be specified in the order the value, nature, whereabouts, and all other relevant particulars, of all property or any particular property, held by such person or by any other person on his behalf;

    (b) to disclose to the Attorney-General within such time as may be specified in the order the value, nature, whereabouts and all other relevant particulars, of all property held by him or by any other person on his behalf during the five years preceding the date of the order, not being a period before the commencement of this Law;

    (c) not to deal with, expend or dispose of any property held by him without the prior written approval of the Attorney-General;

    (d) not to remove from or send out of Ghana or cause to be removed from or sent out of Ghana, any property held by him without the prior written approval of the Attorney-General;

    (e) not to leave Ghana without the prior written approval of the Attorney-General and to surrender all his travel documents, whether issued by the Government of Ghana or any other government, to an immigration officer within such period as shall be specified in the order.

    (4) An order under subsection (1) may require any person holding property on behalf of a person named or described in that order, to comply with the provisions of that order, including provisions corresponding to paragraphs (a), (b), (c) and (d) of subsection (3) in relation to properties held by him.

    (5) An order under subsection (1) may require all persons generally, or any particular class or description of persons specified in the order, who hold, otherwise than as a purchaser in good faith for valuable consideration, any property in which any person named or described under subsection (1) has an interest or had an interest during the five years preceding the date of the order, not being a period before the commencement of this Law-

    (a) to disclose to the Attorney-General within the time specified in the order, the value, nature, whereabouts, and any other relevant particulars of that property;

    (b) not to remove from or send out of Ghana or cause to be removed from or sent out of Ghana any property without the prior written approval of the Attorney-General;

    (c) not to deal with, expend, or dispose of any such property without the prior written approval of the Attorney-General.

    (6) Where an order has been issued under subsection (1), the Attorney-General may by notice in writing require any person to whom the order applies to make such disclosures or give such information, or to do or refrain from doing any particular act in relation to any property affected by the order as may be necessary for the purpose of securing compliance with the order and any such notice shall be without prejudice to the liability under subsection (7) of the person for failure to comply with any provision of the order, whether, or not that provision is affected by the notice.

    (7) Where an order has been issued under subsection (1), it shall, as from such date as may be specified therein, be an offence for any person to-

    (a) contravene any requirement, direction, term or other provision of the order or of any notice issued under subsection (6);

    (b) conceal, hide, destroy or alter any object, article, material or thing, or accounts, books or other documents, or any entries therein of or relating to any person or property affected by the order;

    (c) deal with, dispose of, remove from or send out of Ghana or cause to be removed from or sent out of Ghana anything referred to in paragraph (b) without the prior written approval of the Attorney-General;

    and any person who commits such offence shall, on conviction, be liable to a fine not exceeding c500,000 or imprisonment for a term not exceeding three years or both.