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

    Section - 62 - Interpretation.

    In this Law, unless the context otherwise requires-

    "authorised police officer" means a police officer authorised by the Attorney-General, the Court, a Public Tribunal or the Inspector-General of Police to discharge any particular function in relation to which the expression is used;

    "bank" means a bank licensed under the Banking Law 1989 (PNDCL 225) or any person carrying on any banking business under any law, a licensed finance company, or any co-operative society registered under the Co-operative Societies Decree 1968 (NLCD 252);

    "banker's books" includes ledgers, day books, cash books, accounts books and all other books and documents used in the ordinary course of the business of a bank;

    "corresponding foreign Law" or "foreign law corresponding to" means the provision of any law of any country, territory or place outside Ghana which is similar in whole, or in part, or in substance to the Ghanaian law in relation to which the expression is used.

    "Council" means the Provisional National Defence Council;

    "Court" includes Public Tribunals other than Community Tribunal;

    "dealing" includes-

    (a) a purchase, sale, loan, charge, mortgage' lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts, extension of credit;

    (b) any purchase or sale of any securities, monetary instrument, or other instrument whatsoever by whatever means effected;

    (c) any agency or grant of power of attorney; and

    (d) any other disposition or dealing in whatever form, or of whatever description or nature, which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole or part of any property being conferred on any person;

    "diminished in value" in relation to any property means the whole or part of the property being expended, utilised, destroyed, or being subjected to any dealing, process or other act, so that it ceases to exist, or is reduced in value or size;

    "document" includes-

    (a) any letters, figures, marks, inscription, writing, sign, caricature, picture, drawing, or representation in any form; and

    (b) any visual recording (whether of still or moving images) or sound recording, on any substance, material, thing or article;

    "holder" in relation to any property includes-

    (a) any person who is the owner of, or is in possession, or occupation of, or has the custody or control of that property; or

    (b) any person who has any other right, interest, title, claim or power, duty or obligation in relation to the property;

    "illegal property" means any property, whether within or outside Ghana which-

    (a) is wholly or partly derived or obtained from or by means of any prohibited activity carried out by any person after the commencement of this Law;

    (b) is the income, earnings or assets wholly or partly derived or obtained from or by means of any property referred to in paragraph (a);

    (c) is wholly or partly derived or obtained from or by means of any property referred to in paragraph (a) or (b);

    (d) is wholly or partly traceable or attributable to any property referred to in paragraph (a), (b) or (c), or to any income, earnings or assets of any such property;

    (e) after the commencement of this Law, is or was used to assist or facilitate any prohibited activity;

    (f) is the subject matter of an offence under this Law committed after the commencement of this Law; or

    (g) which, due to any circumstance such as, but not limited to, its nature, value, location or place of discovery, or the time, manner or place of its acquisition, or the person from whom it was acquired, or its proximity to other property referred to in the foregoing paragraphs, can be reasonably believed to be property falling within the scope of any of the foregoing paragraphs;

    "lawful authority" means authority given by such person or body as the Secretary for Health may prescribe;

    "narcotic drug offence" means an offence specified in Part I and section 10, 11 and 12 of this Law or under a corresponding foreign law;

    "prohibited activity" means any act, activity, or conduct taking place in whole or in part within or outside Ghana which-

    (a) constitutes an offence under this Law, or under any corresponding foreign law or which constitutes a narcotic drug offence; or

    (b) although not constituting an offence referred to in paragraph (a), is of such a nature or occurs in such circumstances that it would have ultimately resulted in or led to the commission of such an offence;

    "property" means any movable or immovable property and includes tangible and intangible property;

    "purchaser in good faith for valuable consideration" means any transferee, assignee, chargee, mortgagee, pledgee, holder of a lien, or lessee, of any property where the transfer, assignment, charge, mortgage, pledge, lien, or lease was obtained by him for adequate valuable consideration in money or money's worth, without notice-

    (a) that the property is illegal property; or

    (b) of any circumstances from which, if reasonable inquiries had been made, it might have been discovered that the property is illegal property;

    "Secretary" means the Provisional National Defence Council Secretary responsible for the Interior.