Section 37: Exclusion of property from Order

37. Exclusion of property from Order (1) The Court may, on an application for a Recovery Order, make an order excluding any interest in the property concerned. (2) The Court may make an order under subsection (1) where it finds that the applicant for such an order— (a) had acquired the interest concerned lawfully; and (b) neither knew nor had reasonable ground to suspect that the property in which the interest is held is proceeds, an instrumentality or terrorist property. (3) Where an applicant for an order under subsection (1) provides evidence purporting to satisfy the Court that he did not know or did not have reasonable ground to suspect that the property in which the interest is held, is an instrumentality, the Enforcement Authority may submit a return of the service on the applicant of a notice issued under section 34 (2) in rebuttal in respect of the period since the date of that service. (4) Where the Enforcement Authority submits a return of the service on the applicant of a notice issued under section 34 (2), the applicant shall have to prove that, since such service, he has taken all reasonable steps to prevent the further use of the property concerned as an instrumentality. (5) The Court, in considering whether to make an order under subsection (1), may, in the public interest, make that order on such condition as it thinks appropriate, including a condition requiring the person who applied for the exclusion to take all reasonable steps, within such period as the Court may determine, to prevent the future use of the property as an instrumentality. [Issue 5] A23A – 24 Revised Laws of Mauritius