- (ii) that no other person is entitled to the property as a purchaser in good faith for valuable consideration.
(2) Where the offence is proved against the accused but the property referred to in subsection (1) has been disposed of, or cannot be traced, the court shall order the accused to pay as a penalty a sum which is equivalent to the amount of the gratification or is, in the opinion of the court, the value of the gratification received by the accused, and any such penalty shall be recoverable as a fine.
Forfeiture of property where there is no prosecution for an offence
41. (1) Where in respect of any property seized under this Act there is no prosecution or conviction for an offence under this Act, the Public Prosecutor may, before the expiration of eighteen months from the date of the seizure, apply to a Sessions Court Judge for an order of forfeiture of that property if he is satisfied that such property had been obtained as a result of or in connection with an offence under this Act.
(2) The Judge to whom an application is made under subsection (1) shall cause to be published a notice in the Gazette calling upon any person who claims to have an interest in the property to attend before the Court on a date specified in the notice, to show cause as to why the property should not be forfeited.
(3) Where the Judge to whom an application is made under subsection (1) is satisfied—
- (a) that the property is the subject matter of or was used in the commission of an offence under this Act; and
- (b) there is no purchase in good faith for valuable consideration in respect of the property,
he shall make an order for the forfeiture of the property.
(4) Property in respect of which no application is made under subsection (1) shall, at the expiration of eighteen months from the date of its seizure, be released to the person from whom it was seized.
