125. General provisions for non-conviction based forfeiture

Where a property suspected to be proceeds of crime has been investigated into and material collected to establish prima-facie that such property is proceeds of crime, and such property has been either restrained or seized and thereafter frozen in terms of this Act, civil proceedings may be thereafter instituted in the High Court in terms of this

For the forfeiture of proceeds of crime in terms of non-conviction based forfeiture proceedings, it shall not be necessary to prosecute and obtain a conviction against the person who had committed the unlawful activity which yielded the relevant proceeds of crime.

The forfeiture proceedings under non-conviction based forfeiture proceedings shall not be an alternative to the prosecution of a person for having committed the corresponding unlawful activity. Where investigations yield sufficient evidence, the person who committed the corresponding unlawful activity shall be prosecuted in terms of the applicable law.

Where a person has been prosecuted and convicted of having committed an unlawful activity, and the proceeds of such unlawful activity are available, the post–conviction forfeiture of proceeds of crime shall be ordinarily enforced for the forfeiture of the proceeds of such unlawful activity:

The High Court of the Republic of Sri Lanka holden in the judicial zone of Colombo shall have jurisdiction to entertain and adjudicate upon an application for non-conviction based forfeiture of proceeds of crime notwithstanding the location of such property being outside the territorial jurisdiction of such court:

While ordinarily, for the institution of non-conviction based forfeiture proceedings, a judicial freezing order shall be a prerequisite, if the Attorney-General can establish that for reasons beyond the control of the relevant Designated

For the successful forfeiture of proceeds of crime, the High Court shall on a balance of probability be satisfied that, the property in respect of which the action has been instituted is proceeds of crime.

The non-conviction based forfeiture proceedings may be instituted even where criminal proceedings had been instituted against the person accused of having committed the corresponding unlawful activity and he had been acquitted or discharged at the trial or appellate stage.

If the proceeds of an unlawful activity which comes within the jurisdiction of this Act is found outside Sri Lanka, non–conviction based forfeiture proceedings in respect of such property may be instituted in the High Court, without any initial steps of restrain, seizure or judicial freezing having taken place in terms of this Act.

Where a person who has committed an unlawful activity either within or outside Sri Lanka, is convicted by a court of competent jurisdiction of another country and the proceeds of such unlawful activity is found in Sri Lanka, non-conviction based forfeiture proceedings in respect of such property may be instituted and carried out, without the initial steps of the restraint, seizure or judicial freezing of such property taking place in terms of this Act.

In view of the need to ensure that action in terms of this Act does not cause a serious impact on the national economy or public interest, it shall be lawful for the