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

    Section - 49 - Seizure and Transmission of Property or Article.

    (1) An authorised police officer shall, on the direction of the Ghanaian authority seize any property, or article, the seizure of which is requested by a foreign government or a foreign authority under section 42-

    (a) on the ground that the property is liable to forfeiture under the law of the foreign country; or

    (b) on the ground that the property or article is required either as evidence or otherwise by the foreign government or authority for the purpose of a drug-related matter.

    (2) Where any movable property, or article is seized under subsection (1), the Ghanaian authority may transmit it to the foreign government on an undertaking by the foreign government that it shall be returned to the Ghanaian authority upon the final conclusion of all proceedings concerning the drug-related matter in the foreign country unless the Government then notifies the foreign government that it does not require its return.

    (3) Where any movable property, or article seized under paragraph (b) of subsection (1) is not transmitted to the foreign government or the foreign authority under subsection (2), or where it is returned to the Government upon the final conclusion of all proceedings concerning a drug-related matter in the foreign country, the Ghanaian authority shall return it to the person from whom it was seized unless it is required for the purpose of any prosecution or proceedings under this Law or under any other law.

    (4) Upon the final conclusion of all proceedings concerning a drug-related matter in relation to which any property was seized under paragraph (a) of subsection (1), the property shall be dealt with, subject to subsections (5) and (6), in accordance with the order of the foreign authority or court in the foreign country which is empowered to make the order by the law of that country.

    (5) Where the order of authority or court in the foreign country requires the property to be returned to that person in Ghana, the property upon its return to the Ghanaian authority shall be returned to that person unless the Ghanaian authority requires that property for the purpose of any prosecution or proceedings under this Law or under any other law.

    (6) Where the order of the foreign authority or the foreign court is a final order for the forfeiture of the property, it shall be deemed to be an order for the forfeiture of it to the Government made by a court in Ghana, and shall, accordingly, be dealt with in accordance with the provisions of this Law applicable to an order for forfeiture by the court.

    (7) For the purposes of subsection (6), "final order" means an order which is not subject to any appeal in the foreign country.

    (8) No person shall be entitled to claim any compensation from the Government of Ghana or the foreign government or from any person or authority acting on behalf of the Government or the foreign government, or under any law in Ghana or the law of the foreign country, in respect of any seizure or disposal or release of any property under any law in Ghana or the law of the foreign country.