Cap. 621 Art. 40Assets of the accused in the hands of, or in the name of third parties.

(1) Where it appears to the Director that any property in the hands of or in the name of a person, other than the convicted person, in fact belongs to the convicted person and not to the person holding the property or in whose name it is held, the said Director may by application filed in the Civil Court (Asset Recovery Section) against the person holding the property or in whose name it is held request the said Court to declare that the property does not belong to such person but to the convicted person.

(2) The Director shall produce all evidence in support of his request and the provisions of sub-article (6) of article 39 shall be applied by the Court in assessing the evidence brought before it.

(3) The Director may not make an application under this section after the lapse of ten (10) years from the date of the judgment convicting the convicted person of the relevant offence or from the date on which it is established that the proceedings cannot be concluded because of the death or illness of the accused or because the accused has absconded.

(4) Where the property subject to confiscation is jointly owned by the convicted person and a third party, the court shall determine the most effective means of allowing the government to confiscate the interest of the convicted person without prejudice to the rights of the third party. Such means may include ordering the sale of the property and the division of the proceeds of the sale between the Government and the third party.