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Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)

Chapter IV : Offences, Penalties, Presumptions and Forfeiture

Forfeiture

25. Declarations of forfeiture

 

(1) Whenever any person is convicted of an offence under this Act, the court convicting him shall, in addition to any punishment which that court may impose in respect of the offence, declare—
(i) by means of which the offence was committed;
(ii) which was used in the commission of the offence; or
(iii) which was found in the possession of the convicted person;
(b) any animal, vehicle, vessel, aircraft, container or other article which was used—
(i) for the purpose of or in connection with the commission of the offence; or
(ii) for the storage, conveyance, removal or concealment of any scheduled substance, drug or property by means of which the offence was committed or which was used in the commission of the offence;
(c) the case of an offence referred to in section 13(e) or (f), any immovable property which was used for the purpose of or in connection with the commission of that offence,

and which was seized under section 11(1)(g) or is in the possession or custody or under the control of the convicted person, to be forfeited to the State.

 

(2) Anything forfeited under subsection (1) shall, if it was seized under section 11(1)(g), be kept or, if it is in the possession or custody or under the control of the convicted person, be seized and kept—
(a) for a period of 30 days from the date of the declaration of forfeiture; or
(b) if any person referred to in section 26(1) has within the period contemplated in paragraph (a) made an application to the court concerned regarding his interest in such thing, until a final decision has been rendered in respect of any such application.

 

 


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