50.—(1) If an investigation is begun against a person for a drug dealing offence or a serious offence, as the case may be, or offences and any of the following circumstances occur, namely:
(a)
no proceedings are instituted against that person;
(b)
proceedings are instituted against that person but do not result in his conviction for any drug dealing offence or serious offence, as the case may be; or
(c)
proceedings are instituted against that person and he is convicted of one or more drug dealing offences or serious offences, as the case may be, but —
(i)
the conviction or convictions concerned are quashed; or
(ii)
he is granted a pardon in respect of the conviction or convictions concerned,
the High Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the Court considers it appropriate to make such an order.
[25/99]
[Act 21 of 2014 wef 01/09/2014]
(2) The High Court shall not order compensation to be paid under subsection (1) unless it is satisfied that —
(a)
there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned; and
(b)
the applicant has suffered loss in consequence of anything done in relation to the property by, or in pursuance of an order of, the High Court under section 16, 17 or 19.
(3) The High Court shall not order compensation to be paid under subsection (1) in any case where it appears to the Court that the investigation would have been continued, or the proceedings would have been instituted or continued, as the case may be, if the serious default had not occurred.
(4) Without prejudice to subsection (1), where —
(a)
a disclosure is made by any person in accordance with section 43(3) in relation to any property;
(b)
in consequence of the disclosure and for the purposes of an investigation or prosecution in respect of a drug dealing offence or a serious offence or offences any act is done or omitted to be done in relation to that property; and
[Act 21 of 2014 wef 01/09/2014]
(c)
no proceedings are instituted against any person in respect of that offence or offences or no order is made by the High Court under section 16 or 17 in relation to that property,
the High Court may, on application by a person who held the property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the Court considers it appropriate to make such an order.
[25/99]
(5) The High Court shall not order compensation to be paid under subsection (4) unless it is satisfied that —
(a)
there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned and that, but for that default, the act or omission referred to in subsection (4)(b) would not have occurred; and
(b)
the applicant has, in consequence of the act or omission referred to in subsection (4)(b), suffered loss in relation to the property.
(6) The amount of compensation to be paid under this section shall be such as the High Court thinks just in all the circumstances of the case.