Section 10 — DANGEROUS DRUGS (FORFEITURE OF PROPERTY) ACT 1988

(a)

that he is not a liable person;

(b)

that all or any of the properties specified in the

Public Prosecutor’s application are not illegal properties; or

(c)

that he is not the holder of all or any of such properties specified in the Public Prosecutor’s application.

(2)

The Public Prosecutor shall be entitled—

(a)

to cross-examine the person affected or any other witness tendered by him;

(b)

where the person affected does not give evidence himself as a witness, to examine the person affected on oath or affirmation as to any matter relevant to the application; and

(c)

to adduce evidence of witnesses to rebut the evidence adduced by or on behalf of the person affected.

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Laws of Malaysia ACT 340

(3)

Where at the hearing of the notice to show cause under subsection 9(1) the Public Prosecutor satisfies the Court that the person against whom the notice to show cause has been issued cannot be served with the notice as he cannot be traced or has absconded or is outside Malaysia and cannot be compelled to attend before the Court, or where at any time during the proceedings under this section the person affected fails to attend the proceeding after he has been served with the said notice to show cause, the proceeding shall be continued to its final conclusion in his absence.

(4)

The Court shall, at the conclusion of the proceedings under subsections (1) and (2), record a finding—

(a)

whether the person affected is a liable person;

(b)

whether all or any of the properties specified in the

Public

Prosecutor’s application are illegal properties; and

(c)

whether the person affected is the holder of all or any of such illegal properties.

(5)

Where the Court records a finding under subsection (4)

to the effect that the person affected is a liable person, that all or any of the properties specified in the Public Prosecutor’s application are illegal properties and that the person affected is the holder of such illegal properties, it shall order that such properties, subject to the provisions of this Part, be forfeited.

(6)

Where the Court finds that all or any of the properties specified in the Public Prosecutor’s application are illegal properties but that the person affected is not the holder thereof, then regardless of whether or not the Court finds the person affected to be a liable person the Court shall order that such properties be forfeited, unless another person claims to be lawfully entitled thereto as a purchaser thereof in good faith for valuable consideration or the Public Prosecutor informs the Court that he intends to make a fresh

Dangerous Drugs (Forfeiture of Property) 29

application in respect of such illegal properties against a liable person other than the person affected.

(7)

Where another person claims under subsection (6) to be lawfully entitled to the illegal properties as a purchaser thereof in good faith for valuable consideration the Court shall proceed to consider such claim, and if, after giving an opportunity to the Public Prosecutor to rebut such claim, the

Court is satisfied that such person is not a purchaser thereof in good faith for valuable consideration, it shall order that such properties be forfeited.

Forfeiture of certain types of property