Proceeds of Crime Act 2025 · As enacted · Part II · Investigation Into Proceeds of Crime, Restraint And Seizure
72. Seizure of suspected proceeds of crime
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Official translationFrom Department of Government Printing, unchanged
An Investigation Officer may seize a property which he has reasonable grounds to believe is proceeds of crime, or a property to the corresponding value of such proceeds of crime where the proceeds of crime cannot be identified or is not available, including any property which has been subjected to a restraining order or a preservation order.
Where a notice calling for explanation has been served on any person under section 68 in respect of any property, such property shall not be seized, unless –
such person has not provided a truthful explanation within the time frame stipulated;
the explanation provided is found to be false, inaccurate, insufficient or misleading; or
it transpires that the property in issue had been received by gift, procured or derived in a fraudulent manner.
Upon seizure of a suspected proceeds of crime or a property of the corresponding value of the proceeds of crime, the Investigation Officer shall take possession, control, custody or dominion of such property, by serving on the person who is in possession, control, custody or dominion of such property a notice of seizure in the form specified in
Schedule IV to this Act and thereby take effective possession, control, custody or dominion of such property:
Provided however, if the person who is in possession, control, custody or dominion of such property presents credible material to the Investigation Officer to satisfy him that the property in issue had been inherited by him a minimum of thirty years prior to such date on which the notice calling for explanation has been served, no further action shall be taken by the Investigation Officer under this
Act:
Provided further, notwithstanding anything to the contrary in the above proviso, if there exists prima facie material that the property in issue had been originally procured by the committing of an unlawful activity that had an adverse impact on public finance or public property as defined in the
Offences Against the Public Property Act, notwithstanding the lapse of thirty years from the point of inheritance of such property, it shall be lawful for an Investigation Officer to seize such property.
If based on the material available there exists reasonable grounds for the Investigation Officer to believe that a property is proceeds of crime or is a property to the corresponding value of proceeds of crime and that unless immediate steps are taken to seize such property the objectives of this Act would be defeated, he shall be entitled after obtaining the approval of the Designated Officer, to take steps to temporarily seize the property at the time a notice calling for explanation under section 68 is served:
Provided however, if any suspected proceeds of crime or a property to the corresponding value of proceeds of crime is temporarily seized at the time a notice calling for explanation is served, such seizure shall remain valid only till the explanatory statement to the notice calling for explanation is received by the Investigation Officer, and until he has had reasonable time to consider the explanation provided in the explanatory statement and either accept or reject such explanation, and take a decision thereon.
If the Investigation Officer upon a consideration of the explanatory statement decides to accept the explanation, he shall vacate the order of temporary seizure and return possession of the property to the party from whom its possession was obtained. If the Investigation Officer decides to reject the explanation provided in the explanatory statement, he shall be entitled to make a further order in terms of this Act to seize the property and thereby retain possession of the property.
Unless as provided in subsection (2), a property shall not be seized unless an opportunity had been provided to the person who claims ownership, possession, or has custody, control or dominion of such property to explain that such property is not proceeds of crime, and the explanation provided in the explanatory statement had been rejected by the Investigation Officer for reasons to be recorded therefor:
Provided however, if in the circumstances,
providing an opportunity as aforesaid was not practicable; or
any delay in affording such opportunity or time that may be taken for the verification of the information contained in the explanatory statement would defeat the objectives of this Act; and
there exist reasonable grounds for the
Investigation Officer to believe that the property is proceeds of crime or is a property of the corresponding value of such proceeds of crime, he shall forthwith with the approval of the Designated
Officer seize such property.
Following an order for the restraint or the seizure thereof, the property suspected to be proceeds of crime or is property of the corresponding value of such proceeds of crime, the Investigation Officer shall be entitled to examine such property and documents, records, or information relating to such property, for the purpose of determining whether either the entirety or any part of such property or any other property within or connected with the restrained or seized property shall be excluded from seizure or a judicial freezing order as the case may be.
When serving the notice of seizure, the relevant
Investigation Officer shall forthwith take possession of the relevant property:
Provided however, even if an Investigation Officer shall seize any of the following items of property, he shall not take possession and control of such property unless there are reasons to conclude that the possessor or any other party on his behest is acting in a manner to prevent the realization of or defeat the objectives of this Act -
actual sole residence of the person in possession in such property;
essential wearing apparels;
essential furniture, fixtures and fittings, and cooking utensils at such residence;
a vehicle used for the daily transportation of the person concerned and for the transportation of the utensils and equipment which he regularly uses for his occupation and the proceeds of his occupation; and
any other items that are essential for his living and occupation:
Provided further, this provision shall not apply to seizures under the provisions of the Prevention of Money
Laundering Act and the Poisons, Opium and Dangerous
Drugs Ordinance (Chapter 218).
Where any investigation officer seizes any of the property referred to in subsection (8) and permits its possession to remain with the person who possessed it, he shall require such person to enter into a bond requiring such person to submit the property to the High Court in the event of the High Court making an order for judicial freezing of such property.
Clarification:
An Investigation Officer may subject to the provisions of this
Act make a restraining order or a preservation order in respect of any of the items of property referred to in subsection (8).
Pending an order from the High Court for the protection, preservation and management of the seized property, it shall be the duty of the relevant Investigation
Officer to provide necessary protection and take necessary measures for the protection and preservation of the seized property. For such purpose, an Investigation Officer shall be entitled to obtain the services of any state agency.
Within seventy two hours of the seizure of any suspected proceeds of crime or a property of the corresponding value of such proceeds of crime, the relevant
Investigation Officer shall, report such seizure to the
Magistrate’s Court within whose jurisdiction the seizure took place. The purpose of such notification shall be to apprise the Magistrate of the action taken in terms of this
Act and to enable the Investigation Officer to obtain orders to facilitate the conduct of further investigations.
The afore-stated seizure of the suspected proceeds of crime or a property of the corresponding value of such proceeds of crime, shall be in force for a period of up to thirty days, and unless earlier vacated by the Investigation
Officer, shall lapse unless within such period a judge of the
High Court issues an order for judicial freezing under and in terms of this Act or refuses to issue a judicial freezing order.
Where upon the examination of the property or any material, and the representations that may have been made to him, an Investigation Officer forms the view that the restraining order issued or the seizure carried out shall be varied or vacated, he shall with the approval of the Designated
Officer make such variation or vacation, and where necessary serve such revised restraining order or notice of seizure to the party who previously possessed, controlled, had custody, or held dominion over such property and, where necessary release the relevant property. He shall forthwith file a report in the relevant Magistrate’s Court informing the action taken in that regard.
Where, given the attendant circumstances, obtaining the prior approval of the Designated Officer may not be practicable or may defeat the objectives of this Act, an
Investigation Officer may for reasons to be recorded, on his own motion serve such restraining order or carry out the Seizure of such proceeds of crime as the case may be, and thereafter as soon as possible obtain the approval of the
Designated Officer.
Part III
Judicial Freezing of Proceeds of Crime
Part IV
Protection, Preservation and Management of Proceeds of Crime
Part V
Proceeds of Crime Management authority
Part VI
Forfeiture of Frozen Proceeds of Crime And Related Proceedings
Part VII
Civil Remedy For Victims Of Crime
Part VIII
Disposal Of Forfeited Proceeds Of Crime And The Utilization Of The Value Derived Thereof
Part IX
Victims Of Crime Reparation Trust Fund
Part X
International Cooperation
Part XI