Section 167: Procedures for attachment, forfeiture or control of property

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1) While attaching, forfeiting or taking control of the property of any offender pursuant to this Act, the concerned court shall follow the following procedures:

(a) If the property is being registered or licensed separately, to give a notice of attachment to the office responsible for registering, transmitting, issuing or renewing the license,

(b) If the property is cash, to give a notice of attachment to the body holding such cash,

(c) If the property is that crops or rent can be harvested in or collected from it, the court shall order the concerned Local Level to collect such crops or rent and pay the amount into the deposit account,

(d) If it is the property subject to speedy decay or spoil or livestock, the court shall cause such property to be auctioned and the proceeds of such auction to be paid into the deposit account.

2) While attaching the property of any person pursuant to this Act, if that person has lent a loan to anyone else or invested it, the court shall issue an order to the borrower restraining him or her from realizing the principal amount, interest or any other return of the said loan or investment.

3) The court shall require the borrower to pay to it the principal amount, interest, return or similar other amount of the loan or investment referred to in sub-section (2).

4) If any other person has right in the property attached pursuant to this Section, such person may make a complaint to the court making attachment within thirty-five days from the date of knowledge of such attachment, by showing his or her right in that property.

5) If a complaint is made pursuant to sub-section (4), the court shall decide as to the right in the property if it is empowered by 176 law to make such decision and shall forward the complaint to the proper court, if it has no such power.

6) If the court makes any decision pursuant to sub-section (5), a person who is not satisfied with such decision may make an appeal in accordance with law.

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