Section 8 — DANGEROUS DRUGS (FORFEITURE OF PROPERTY) ACT 1988

(1)

If the Public Prosecutor has reason to believe that any person is a liable person he may apply ex parte to the

High Court for an order of forfeiture of all the properties of which such person is a holder and which the Public Prosecutor has reason to believe are illegal properties.

(2)

The application, supported by an affidavit or affidavits, shall—

(a)

identify the liable person to be proceeded against, state his address of residence or business, if known, and other relevant particulars, which are known;

(b)

state the grounds on which he is a liable person;

(c)

identify the properties to be forfeited, set out their estimated value, and, if known, their location; and

(d)

state any other matter, circumstance or information which, in the opinion of the Public Prosecutor, is relevant to the application.

(3)

An application under subsection (1) shall be made by filing the same with the Registrar of the High Court who shall thereupon immediately fix a date for its hearing before the

High Court.

(4)

For the avoidance of doubt, it is hereby declared that successive applications may be made under this section—

(a)

against any person provided that—

Dangerous Drugs (Forfeiture of Property) 25

(i)

the proceedings under this Part in respect of the earlier application against him under this section have been finally concluded in the High Court, or where there is an appeal, in *the Federal Court; and

(ii)

the fresh application does not relate to any property which was the subject matter of any earlier application against him;

(b)

in respect of any property provided that—

(i)

the proceedings under this Part in respect of the earlier application in which it is included as the subject matter of the application have been finally concluded in the High Court, or where there is an appeal, in *the Federal Court, and it has been decided that the property is not illegal property;

and

(ii)

the fresh application is not against any person against whom any earlier application under this section had been made.

Notice to show cause against forfeiture