Protection of rights of third party
13.—(1)  Where an application is made for a confiscation order under section 4 or 5, a person who asserts an interest in the property may apply to the court, before the confiscation order is made, for an order under subsection (2).
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(2)  If a person applies to the court for an order under this subsection in respect of his interest in property and the court is satisfied —
(a)that he was not in any way involved in the defendant’s drug dealing or criminal conduct, as the case may be; and
[Act 21 of 2014 wef 01/09/2014]
(b)that he acquired the interest —
(i)for sufficient consideration; and
(ii)without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time he acquired it, property that was involved in or derived from drug dealing or criminal conduct, as the case may be,
[Act 21 of 2014 wef 01/09/2014]
the court shall make an order declaring the nature, extent and value (as at the time the order is made) of his interest.
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(3)  Subject to subsection (4), where a confiscation order has already been made, a person who asserts an interest in the property may apply under this subsection to the court for an order under subsection (2).
(4)  A person who —
(a)had knowledge of the application under section 4 or 5 for the confiscation order before the order was made; or
(b)appeared at the hearing of that application,
shall not be permitted to make an application under subsection (3) except with the leave of the court.
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(5)  A person who makes an application under subsection (1) or (3) shall give not less than 7 days’ written notice of the making of the application to the Public Prosecutor who shall be a party to any proceedings on the application.
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[15/2010 wef 02/01/2011]