Criminal Code (Cap. 9), article 677

677. (1) Any property which is to be returned to any person in pursuance of an order made by the court in its final judgment s hall be retained by the registrar for a period of six months within which period it shall be incumbent on that person, or his lawful heir s, to claim from the registrar the said property. Within the same per iod the registrar shall be under an obligation to make all efforts to trace and notify with the court’s order the person to whom the proper ty is to be returned. (2) Where the person to whom the property is to be returned, or his lawful heirs, either spontaneously or after being notified with the court’s order, fails to claim the property within the perio d laid down in sub-article (1) or where the registrar within the same period fails to trace that person, or his lawful heirs, and no claim as aforesaid is spontaneously made for the property, that property shall be forfeited in favour of the Government. (3) In the event that the prope rty is owned by co-owners the registrar shall be deemed to have complied with his obligations 412 CAP . 9.] CRIMINAL CODE according to law if he delivers the property to any one of the owners. (4) The registrar shall by application refer to the court which delivered judgment any dispute regarding the title to the prope rty. The application shall be served on all the parties who shall be allowed a period of five working days within which to reply and after the lapse of the said period the court shall appoint the application for hearing and afte r hearing the parties shall dec ide on the disposal of the property. No appeal shall lie from the deci sion of the court. (5) If the person to whom the property is to be returned, or his lawful heirs, claim the property within the period mentioned in sub- article (1) such property shall, in the absence of a lawful obs tacle, be returned by the regi strar free of charge. (6) If the property has been forfe ited in terms of this article and was subsequently sold by auction following the publication of advertisements, the person to whom the property was to be retur ned in accordance with the order of the court, or his lawful heirs, may claim the amount realised from the sale after subtracting any c osts and fees incurred by the registrar provided that such claim is made within two years of the prope rty having been disposed of. When owner is unknown. When property is to be returned by order of the court in its final judgment. Substituted by: III.2002.155.