Criminal Code (Cap. 9), article 674

674. (1) Notwithstanding any other provision of this Code or of any other law but subject to the provisions of article 671, where any property which is exhibited in court during the proceedings belongs to a person who is not involved as a principal, an accomplice or a conspirator in th e criminal offence which is th e subject of such proceedings, that person shall, upon proving in a satisfactory manner his title to the property and satisfying th e court that there was no longer any n eed that the property remains materially exhibited in the rec ord of the proceedings, be entit led to 410 CAP . 9.] CRIMINAL CODE have such property released in his favour by order of the Court under such terms and conditions as the Court may deem fit, savi ng, following such release, any right of the person charged or accu sed or of any other pers on according to law. (2) The order referred to in sub- article (1) may be given either on the Court’s own motion or following an application by the person claiming the property. Where the Court acts upon its own motion it shall announce its int ention to make such an order by means of a decree. Any such decree or any application made by t he person claiming the property in terms of this sub-article shall be served on the Attorney General or on the Commissioner of Police as the case may be, and on the person charged, or accused, each of whom shall be allowed five working days for a reply. (3) Subject to the provisions of sub-article (4), if the propert y belongs to the party charged or accused and is in no manner connected with the offence or in any way required for the purpo se of any criminal proceedings the c ourt shall, after hearing the Attorney General or the Commissioner of Police, as the case may be, restore the property to the person charged or accused to wh om the property belongs or deliver it to the person appointed by h im in that behalf or to his lawful representative. (4) Notwithstanding the provisions of sub-article (3), the court may abstain from ordering the restoration of the property to th e person charged or accused - (a) when the value of the thing is considerable and the person charged or accused is poor or of dubious means; or (b) when the person charged or accused is tried for forgery with intent to misappropriate the property of another person, or for theft, or for any other offence against property: Provided that the provisions of this sub-article shall not apply where the accused shall give sufficient security. Disposal of property on conclusion of proceedings. Substituted by: III.2002.155. Amended by: VIII.2015.38.