Section 35: Recovery Order

35. Recovery Order (1) The Court shall, subject to subsection (2) and section 37, make a Recovery Order where it finds that the property concerned is proceeds, an instrumentality or terrorist property. (2) The Court shall not make a Recovery Order of property or transfer the proceeds from the sale of the property to the State unless it is satisfied that it is in the interests of justice to do so and until such notice as the Court may direct has been given to any person in whose possession the property is found or who may have interest in the property or claim ownership of the property, to show cause why the property should not be recovered. (3) The Court may make an Order under this section where a person is not in Mauritius or was acquitted of the offence, the charge was withdrawn before a verdict was returned or the proceedings were stayed. (4) The Court making a Recovery Order shall cause to be published a notice of the Order in 2 daily newspapers of wide circulation as soon as practicable after the Order is made. (5) A Recovery Order shall not take effect— (a) before the period allowed for an application under section 36, or an appeal under section 39, has expired; or (b) before such an application or appeal has been disposed of. [S. 35 amended by s. 16 of Act 24 of 2012 w.e.f. 10 November 2012.]