Dangerous Drugs (Forfeiture of Property) Act 1988 · Updated to 1 Dec 2011 · Part V · Forfeiture
33. Vesting of forfeited property in the Government
Official textFrom Laws of Malaysia Online, unchanged
Where any property is forfeited under this Act, the property shall vest in the Government 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 null and void under any provision of this Act.
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 Act, and the Government disputes such claim, the Public Prosecutor may apply to the
High Court to determine the question and the Court shall determine the same after giving an opportunity to be heard to the person holding the encumbrance and hearing the reply of the Public Prosecutor to any representations which may be made before that Court by the person holding the encumbrance.
Where any property is vested in the Government under subsection (1), the vesting shall take effect without any transfer, conveyance, deed or other instrument whatsoever and where any registration of such 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 the Public Prosecutor may specify.
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Laws of Malaysia ACT 340
Where the property vested in the Government under subsection (1) is immovable property, the vesting shall upon production to the
Registrar of
Titles or the
Land
Administrator, as the case may be, in Peninsular Malaysia, or to the Registrar of Titles or the Collector of Land Revenue, as the case may be, in Sabah, or to the Registrar of Titles or the Director of Lands and Surveys, as the case may be, in
Sarawak, of the order of Court forfeiting the immovable property, or in the case of property forfeited under subsection 32(1), of a Certificate of the Public Prosecutor certifying that it has been forfeited thereunder, be registered in the name of the Federal Lands Commissioner.
Part VI
Evidence and Procedure
Part VII
Assistance to a Foreign Country
Part VIII