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

    Section - 40 - Forfeiture of Property Seized Under this Law where there is no Prosecution or Proceedings Under Part III or no Claim to it.

    (1) Where any property has been seized under this Law, other than under or by virtue of Part VI, and-

    (a) no prosecution for any offence under any law is instituted with regard to property:

    (b) no proceedings are commenced by the Attorney-General for the forfeiture of the property under Part III; or

    (c) no claim in writing is made by any person that he is lawfully entitled to the property or that it is not liable to forfeiture under this Law or any other law,

    within six months from the date of its seizure, the property shall become forfeited immediately upon the expiration of the period of six months.

    (2) Where within six months from the date of the seizure of any property under this Law, a claim in writing is made by any person to that property in terms of paragraph (c) of subsection (1)-

    (a) the Attorney-General may release the property to the claimant if he is satisfied that there is no dispute as to the ownership of the property and that it is not liable to forfeiture; or

    (b) where the Attorney-General is satisfied that there is a dispute as to the ownership of the property or doubt as to the person who owns it, or whether it is liable to forfeiture, he shall, within fourteen days after the expiry of the period of six months, refer the claim to a court for its decision.

    (3) This section shall be without prejudice to the power of a police officer to release from seizure any property under section 39.