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

    Section - 41 - Vesting of Forfeited Property in State.

    (1) Where any property is forfeited under this Law the property shall vest in the State free from any right, interest or encumbrance of any person except a right, interest or encumbrance which is held by a purchaser in good faith for valuable consideration and which is not otherwise void under any provision of this Law.

    (2) Where any person who holds any encumbrance to which the property is subject claims that he holds the encumbrance as a purchaser in good faith for valuable consideration and that the encumbrance is not otherwise null and void under any provision of this Law, and the State disputes the claim, the Attorney-General may apply to a court to determine the question and the court shall determine the question after hearing the person holding the encumbrance and the reply of the Attorney-General.

    (3) Where any property is vested in the State under subsection (1), the vesting shall take effect without any transfer, conveyance deed or other instrument whatsoever and where any registration of the vesting is required under any law, the authority empowered to effect the registration shall do so in the name of such public officer or such authority, person or body as may be specified.

    (4) Where the property which has vested in the State under subsection (1) is immovable property the vesting shall be registered in the name of the Republic upon production to the Lands Registrar of the order of the court forfeiting the immovable property, or in case of property forfeited under subsection (1) of section 40, of a certificate of the Attorney-General certifying that it has been forfeited under that subsection.