Section 1
Preliminary - Commencement
Section Commencement Section This Act shall come into force on a date the Minister , by statutory instrument, appoints.
Statute
We load all 93 sections of this Act into the chat context so responses stay grounded in the full text.
Showcasing 50 of 93 sections
Section 1
Section Commencement Section This Act shall come into force on a date the Minister , by statutory instrument, appoints.
Section 2
Section Interpretation Section In this Act, unless the context otherwise requires— “ accused person ” includes a defendant in respect of an offence under this Act; “ addict ” means a person addicted to any narcotic drug or psychotropic substance ; “ bank ” means a bank, financial institution or mortgage finance company as defined in section 2 of the Financial Institutions Act, 2004 and includes the Bank of Uganda; “ cannabis ” means the flowering or fruiting tops of the cannabis plant , excluding the seeds and leaves when not accompanied by tops from which the resin has not been extracted, by whatever name they may be called; “ cannabis oil ” means any liquid containing any quantity, however small, of tetrahydro-cannabinol; “ cannabis plant ” means any plant of the genus cannabis by whatever name called and includes any part of that plant; “ cannabis resin ” means the separated resin, whether crude or purified, obtained from cannabis but does not include cannabis oil ; “ catha edulis ” of marungi, khat means the whole leaves of the plant catha edulis; “ charge ” includes a lien, hypothecation, pledge and other security on property or created to secure the payment of a debt or perfo...
Section 3
Section Jurisdiction Section Parts II and III of this Act apply to conduct engaged in— outside Uganda by— Notwithstanding any other enactment, this Act applies to the entire territory of Uganda, including any free zone. inside or outside Uganda, on board a Ugandan ship, aircraft or conveyance ; a Ugandan citizen or any person ordinarily resident in Uganda; a body corporate incorporated in or carrying on business in Uganda; or any other person relating to the supply or possible supply by that person of any narcotic drugs or psychotropic substances to Uganda.
Section 10
Section Supply or administration of narcotic drugs or psychotropic substances or other intoxicating inhalants to persons below the age of eighteen years Section Any person including a medical practitioner or dentist , who supplies or administers a narcotic drug or psychotropic substance or other intoxicating inhalant to a person who is below the age of eighteen years, without reasonable ground to believe that the child is not acquiring it for the purpose of abuse, commits an offence and is liable on conviction to a fine of not less than forty eight currency points but not exceeding one hundred and twenty currency points or to imprisonment of not less than two years but not exceeding five years, or both.
Section 11
Section Penalty for cultivation of certain plants Section Any person who— No person shall cultivate any prohibited plant from which a narcotic drug or psychotropic substance may be extracted, without the written consent of the Minister responsible for health. cultivates any prohibited plant ; or as an owner, occupier or manager of premises , permits the premises to be used for the cultivation, gathering or production of any prohibited plant ,
Section 12
Section Power of entry in respect of Government and other land Section Without prejudice to any other provision of this Act, a police officer not below the rank of Inspector shall by himself or herself or with such assistance as in his or her opinion is reasonable, enter upon and inspect any land where he or she has reasonable grounds to suspect that— Without prejudice to any other provision of this Act, where any police officer has reasonable grounds to suspect— a prohibited plant was or is cultivated on any Government land, held under a lease, licence or any other right, or illegally entered upon by any person; or there is a prohibited plant on Government land. that any prohibited plant was, or is cultivated on any land which is not Government land; or that any prohibited plant is on any land which is not Government land, Any person who obstructs a police officer under this section, in the performance of his or her functions under this section, commits an offence and is liable on conviction, to a fine not exceeding forty eight currency points or to imprisonment of not more than two years, or both.
Section 13
Section Power of court to order destruction of prohibited plants, etc. Section A court which convicts any person of an offence under this Act, shall direct the Inspector General of Police or any police officer authorised by the Inspector General of Police, to destroy all the prohibited plants found on any land to which the offence relates; and the Inspector General of Police or the police officer, as the case may be, shall cause all the plants to be destroyed.
Section 14
Section National Drug Authority to issue licences for export, import, manufacture, etc. Section The National Drug Authority may— issue licences, for sale, manufacture , production or distribution of specified narcotic drugs or psychotropic substances; prescribe the manner in which a narcotic drug or psychotropic substance is to be packed or marked for export ; prescribe the records to be kept for the export , import, receipt, sale, disposal or distribution of a narcotic drug or psychotropic substance ; and determine the line of narcotic drugs or psychotropic substances which may be supplied and prescribed for medical, dental and veterinary purposes and prescriptions.
Section 15
Section Penalty for failure to furnish information or to produce evidence Section Any person who— for the purpose of obtaining, a grant or renewal of a licence or authority under the National Drug Policy and Authority Act— fails or refuses to comply with any obligation to give information or to produce any book, record, document or other material under this Act or any order made under this Act; in compliance with the provisions of this Act, gives any information which he or she knows to be false or does not believe to be true, or produces or in anyway makes use of any book, record, document or other material which contains any statement which to his or her knowledge is false in a material particular or which he or she does not believe to be true; or makes a statement or gives any information which he or she knows to be false in a material particular or which he or she does not believe to be true; or produces or otherwise makes use of any book, record or other document or other material containing any statement which to his knowledge is false in a material particular or which he or she does not believe to be true,
Section 16
Section Privileged information Section Any police officer or other person acting in exercise of powers vested in him or her under any provision of this Act, or any rule or order made under the Act, shall not be compelled to reveal the source of any information concerning an offence under the Act.
Section 17
Section Owner of land to inform police officer Section For the avoidance of doubt— any person, with an interest in any land, who has knowledge that a prohibited plant is cultivated on that land or that the land is prepared for the purpose of cultivating a prohibited plant , who does not promptly inform a police officer of the police unit nearest to the land on which the prohibited plant is cultivated or nearest to the ordinary place of residence or business of that person, shall have the burden of proving that he or she did not consent to, co-operate with or assist the cultivation of the prohibited plant on that land; any reference to the owner, or holder of a lease, licence, grant, permit or other right in any land shall be deemed, where the land or the lease, licence, permit or other right, is held by another person, to be a reference to each of those persons; and any reference to the cultivation of any plant shall be deemed to include a reference to all activities relating to cultivation of that plant and harvesting or gathering of the plant, or any part of it.
Section 18
Section Penalty for vexatious or malicious entry, seizure, arrest, etc. Section A police officer or any other person authorized by the Inspector General of Police who— without reasonable grounds of suspicion, enters or searches or causes to be entered or searched, any building, conveyance or place; vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for a narcotic drug or psychotropic substances or other article liable to be confiscated under this Act or seizes any document or article liable to be seized under this Act; or vexatiously and unnecessarily detains, searches or arrests any person,
Section 19
Section Penalty against police officer Section A police officer on whom any duty is imposed under this Act who— refuses to perform such duty of his or her office, unless he or she has lawful excuse for doing so; gives custody to a drug trafficker or any other person who is charged with an offence under this Act; or willfully aids or abets or connives in, the contravention of any provision of this Act or any rule or order made under this Act,
Section 4
Section Penalty for possession of narcotic drugs and psychotropic substances Section A person who commits an offence under subsection (1) is liable on conviction— Subsection (1) does not apply to— Subject to subsection (3) any person who has in his or her possession any narcotic drug or psychotropic substance commits an offence. in respect of a narcotic drug listed in the Second Schedule to a fine of not less than five hundred currency points or three times the market value of the drug, whichever is greater; or to imprisonment of not less than ten years but not exceeding twenty five years, or both; and in respect of a psychotropic substance listed in the Fourth Schedule, to a fine of not less than one hundred and fifty currency points or three times the market value of the psychotropic substance , whichever is greater or to imprisonment of not less than five years but not exceeding fifteen years, or both. a person who has possession of a narcotic drug or psychotropic substance under a licence issued under section 27 of the National Drug Policy and Authority Act, permitting him or her to have possession of the narcotic drug or psychotropic substance ; a medical practitioner , dentis...
Section 5
Section Penalty for trafficking in narcotic drugs and psychotropic substances Section Any person who traffics in a narcotic drug or psychotropic substance commits an offence and is liable in respect of the narcotic drug or psychotropic substance to a fine of not less than five hundred currency points or three times the market value of the narcotic drug or psychotropic substance , whichever is greater, and in addition, to imprisonment for life.
Section 6
Section Penalty for other acts connected to narcotic drugs Section Subject to this Act, any person who— being the owner, occupier or concerned in the management of any premises , permits the premises to be used for— smokes, inhales, sniffs, chews or otherwise uses any narcotic drug or psychotropic substances; the preparation of opium for smoking or sale, or the smoking, inhaling, sniffing, chewing or otherwise using any narcotic drug or psychotropic substance ; or the manufacture , production, sale or distribution of any narcotic drug or psychotropic substance in contravention of this Act; has in his or her possession any pipe or other utensil for illicit use in smoking, inhaling or sniffing or in any other manner of using opium , cannabis , khat, heroine or cocaine or any utensil used for the preparation of opium or any other narcotic drug or psychotropic substance ; or recruits or promotes the use of smoking, inhaling, sniffing or in any other manner promotes the use of opium , cannabis , khat, heroin, cocaine or any other narcotic drug or psychotropic substance ,
Section 7
Section Provisions relating to certain prescriptions Section A medical practitioner or dentist shall not— A veterinary surgeon shall not— prescribe for, administer, sell or supply to, any person a narcotic drug or psychotropic substance ; or sign any prescription or order for the supply of a narcotic drug or psychotropic substance to any person, prescribe, administer, sell or supply a narcotic drug or psychotropic substance for any animal; or sign any prescription or order for the supply of a narcotic drug or psychotropic substance for any animal, Any person who contravenes subsection (1) or (2) commits an offence and is liable on conviction, to a fine of not less than forty eight currency points but not exceeding one hundred and twenty currency points or to imprisonment of not less than two years but not exceeding five years, or both.
Section 8
Section Removal of name from register Section Where a medical practitioner , dentist or veterinary surgeon is convicted of an offence under this Act, he or she shall, notwithstanding any other written law, be liable to have his or her name removed from the register of practitioners licensed or registered to practice within Uganda as a medical practitioner , dentist or veterinary surgeon , as the case may be.
Section 9
Section Penalty for receiving additional narcotic drug, psychotropic substance or prescription without disclosure of earlier receipt Section Any person who, in the course of treatment for a physical, dental or mental disorder, or an owner or caretaker of an animal is supplied with a narcotic drug or psychotropic substance , or with a prescription for a narcotic drug or psychotropic substance , by a medical practitioner or dentist treating him or her; or veterinary surgeon treating his or her animal, and without disclosing that fact, receives an additional narcotic drug or psychotropic substance , or a prescription for a narcotic drug or psychotropic substance , from another medical practitioner , dentist , or veterinary surgeon , commits an offence and is liable on conviction, to a fine of not less than forty eight currency points but not exceeding one hundred and twenty currency points and in addition, to imprisonment of not less than two years but not exceeding five years, or both.
Section 20
Section Forfeiture of narcotic drugs and psychotropic substances Section Where— any person is found in possession of a narcotic drug or psychotropic substance — without legal authority to possess the narcotic drug or psychotropic substance ; or in excess of the quantity or of a different quality from what he or she is authorised to have in his or her possession; a narcotic drug or psychotropic substance is found in a place, other than a place it is authorised to be kept; or a contravention of any provision of this Act is committed in relation to any narcotic drug or psychotropic substance ,
Section 21
Section Forfeiture of conveyance, implements, etc. Section Where an application is made, by an owner of a conveyance which is subject of an offence under this Act, to the court in which proceedings under this Act for the forfeiture and condemnation of any conveyance , except proceedings under Part IV are pending, and the court is satisfied beyond reasonable doubt that— Any chemical, machinery, equipment, implement, pipe, utensil, or other article used for the commission of any offence under this Act shall be forfeited to the State. Any conveyance used for the commission of an offence under this Act or for carrying any narcotic drug or psychotropic substance or for carrying any chemical, or any machinery, equipment, implement, pipe, utensil or other article used for the commission of any offence under this Act, shall be forfeited to the State. the person who was the owner of the conveyance ; and in the case of an aircraft or ship, the person who was the officer responsible for the aircraft or ship, when it was used,
Section 22
Section Application for restraint order Section An application for a restraint order under subsection (1), may be made ex parte to the court, accompanied by an affidavit sworn on the information and belief of the Attorney General deposing to the following matters— An application for a restraint order shall not be entertained against any person— In this section “final decision” in respect of a complaint or information, means— Where there are reasonable grounds to believe that a person has committed a specified offence and after investigations have commenced in relation to the offence, the Attorney General may apply to the court for a restraint order in respect of all or any of the property of the person who is believed to have committed the offence. the offence alleged to have been committed by the person and in relation to which investigation has commenced; the grounds for believing that the person committed the offence; and a description as far as is possible, of the property , in respect of which the restraint order is sought. after the investigation in subsection (1) is concluded and where it is decided that no complaint is to be made or information given, in respect of the comm...
Section 23
Section Transfer after notice of application for restraint order Section A transfer of any property or right or interest in the property , in respect of which an application is made under section 22 , shall, while the application is pending and subject to the other provisions of this Part, be void. Where an application made under section 22 is dismissed by the court, and the Attorney General informs the court of an intention to appeal against the dismissal, the court may direct that this section continues to apply to the property in respect of which the application is made, until the appeal is finally disposed of.
Section 24
Section Statement of assets and examination of respondent Section A respondent who, after being directed by court to do so under subsection (1)— The court may, before or after an order is made on an application made under section 22 , direct the respondent to submit, within a specified time, a statement of his or her assets and liabilities. refuses or fails to submit a statement of his or her assets and liabilities; or submits a statement which is false or misleading in any material particular,
Section 25
Section Service of notice of application for restraint order Section Subject to this Act, a copy of the application for a restraint order shall be served on the respondent using the procedure for service of a notice of motion. The respondent shall be given reasonable opportunity of being heard before a final order is made on the application in accordance with the rules of court made in respect of the application, or until such rules are made, in accordance with the rules of court applicable to the hearing of motions. Notwithstanding subsection (1), the court may make an interlocutory order to meet the ends of justice and to prevent the respondent from defeating the purpose of the provisions of this Part, before the service of notice under subsection (1) on the respondent . Notwithstanding subsection (2), the court may, pending decision on an application under section 22 , attach any movable property of the respondent including money payable to him or her.
Section 26
Section Restraint order Section Where an application for a restraint order is made under section 22 and the court is satisfied of the matters referred to in that section in relation to the respondent, the court may make a restraint order— Where an order is made under subsection (1)(b)— prohibiting the respondent or any other person acting on his or her behalf, from disposing of, or in anyway dealing with the property specified in the order or any interest in the property ; or directing the Official Receiver to take custody and control of the property specified in the order and to manage or deal with the property in accordance with the directions of the court. every person who is in possession of any property to which the order relates shall immediately, hand over the property to the Official Receiver; and where that person refuses to hand over the property , the Official Receiver shall recover possession of that property using any means he or she may deem reasonable; and without prejudice to subsection (1), a bank shall not pay to a respondent , or to any other person, on the order of, or on behalf of the respondent , any money from sums held in any account by the bank in the name...
Section 27
Section Notice of restraint order Section A restraint order made under section 26 shall be served on the respondent in the same manner as if it is an order of injunction and shall be published in at least one newspaper of wide circulation in Uganda and in the Gazette and, where any property to which the order relates is situated in a country other than Uganda on the date of the order, the order shall be published in at least one newspaper of wide circulation in that country.
Section 28
Section Effect of restraint order Section Nothing in subsection (1) shall prevent— any court from enforcing a mortgage or charge against any property in respect of which a restraint order is made, where the court is satisfied that- Where a restraint order is made by the court in respect of any property , all transfers of that property or any interest in that property , during the period when the restraint order is in force, shall be void. the mortgage or charge was created bona fide for valuable consideration; or the person in whose favour the mortgage or charge was created and registered was not concerned with, or privy to, the commission of a specified offence by the person against whom the restraint order is made; or the recovery of any revenue due to the Government or a local government by sale of any property , in respect of which a restraint order is made. Where a restraint order is made in respect of any property , the Attorney-General shall be a party to any action or other proceeding for the enforcement of any mortgage or charge against the property .
Section 29
Section Duration of restraint order Section Subject to this Part, a restraint order in respect of any property shall remain in force until it is revoked by the court or until the property , in respect of which it is made, is forfeited to the State.
Section 30
Section Offences in respect of restraint order Section Any person on whom a restraint order is served, and who, while the order is in force, contravenes the restraint order , commits an offence and on conviction, is liable to imprisonment of not less than five years or a fine of not less than one hundred and twenty currency points, or both.
Section 31
Section Management of property by Official Receiver Section Where the court directs the Official Receiver under section 26 to have the custody and control of any property specified in a restraint order, the court may— on the application of the Attorney-General, the Official Receiver or the person against whom the order is made— The Official Receiver shall not be personally liable— give instructions for the management of the property to the Official Receiver; and make a decision on any question that may arise in the course of the management of the property by the Official Receiver; or on the application of the Attorney General or of the Official Receiver, direct the person against whom the restraint order has been made, to furnish to the Official Receiver, within such time as may be specified by the court, such information and particulars relating to the property , in respect of which the restraint order has been made, as may be specified in the direction. for any loss or damage, sustained by any person claiming the property or an interest in the property , arising as a result of taking custody or control of the property by the Official Receiver; or for the cost of proceedings taken...
Section 32
Section Exclusion of property, recognition of claims, and revocation of restraint order Section Where— Any person who has title to any property or who claims an interest, including a mortgage or charge in or over any property in respect of which a restraint order is made, may apply to the court, within thirty days after the making of the restraint order , stating the particulars of his or her claim; and where the court is satisfied that the applicant has title to the property , the court may exclude the property from the operation of the restraint order . An application under subsection (1) may be entertained by the court after the expiry of the period of thirty days if the court is satisfied that there are sufficient reasons to do so. No order excluding the property from the operation of a restraining order, shall be made under subsection (1), by the court where there is reasonable ground to believe that the applicant was concerned in, or privy to, the specified offence alleged to have been committed by the person against whom the restraint order is made. before the expiry of six months or such further time as may be allowed by the court, from the date of a restraint order , no co...
Section 33
Section Stay of hearing of application Section Where an application has been made to the court under section 22 against any person on the ground that he or she committed a specified offence, the court may, on the application of the Attorney General or the respondent, stay the hearing of the application for a restraint order until a final decision is made in respect of the complaint or information.
Section 34
Section Death of a person against whom a restraint order is made Section After considering the evidence of the Attorney-General and the application of the legal representative of the deceased person under subsection (1), court may— Where a person against whom a restraint order is made dies within the period specified in section 31 (1)(b) or before the complaint made or information laid against him or her in any court in respect of a specified offence is finally decided or any appeal against any such decision is finally disposed of, his or her legal representative may apply to the court within ninety days after his or her death for the revocation or variation of the restraint order. where it is satisfied that the person against whom the restraint order is made, committed the specified offence referred to in the application for the restraint order , make an order in accordance with section 41 and sections 36 , 37 , 38 , 39 and 41 (3) and (4) shall, with the necessary modifications, apply to the proceedings under this subsection; and in any other case, revoke the restraint order .
Section 35
Section Variation of restraint order Section Where an application is made by the person against whom a restraint order is made, or by any other person, the court may vary the restraint order in such manner as it may consider necessary, to meet the ends of justice.
Section 36
Section Forfeiture of property Section Subject to this Part, where any person commits a specified offence , all the proceeds derived by him or her from the trafficking in drugs and psychotropic substances, shall, on the date of conviction, be forfeited to the State. Without prejudice to subsection (1), the court shall forfeit to the State all monies found on the person of any person convicted of an offence under this Act. Where the property of any convicted person is forfeited under this section, the Minister may in consultation with the Minister responsible for finance, allocate a portion of the total proceeds of the property to the police to facilitate the operations of the police under this Act. The Minister responsible for finance may for the purposes of subsection (3) establish a special fund, in accordance with the Public Finance Management Act, 2015.
Section 37
Section Certain liabilities not affected by section 36 Section Section 36 shall not affect— the rights of any person who has a mortgage or charge in respect of property liable to forfeiture, where— the mortgage or charge was created before the commission of the specified offence , in good faith and for valuable consideration; and the mortgagee or chargee is not concerned with or privy to the commission of the offence; or the right of any local authority to recover any arrears of revenue through the sale of the property .
Section 38
Section Provisions for payment of money owed Section On the receipt of an application under subsection (1) and on satisfaction that the applicant was not concerned with, or privy to, the commission of the offence, the court may release from forfeiture and place at the disposal of the Official Receiver, part of the property of the person in respect of whom the notice is published under section 40 (2) or (5), as it thinks fit, taking into account— Where a person in respect of whom a notice is published under section 40 (2) or (5), owed immediately before the commission of the specified offence, money which is not secured by or charged on the property which is liable to forfeiture under section 36 , the person to whom the money is due, may apply to the court, within thirty days after the publication of the notice in a newspaper under section 40 or such further time as may be allowed by the court, requesting that part of the property of the person against whom a notice is published, is made liable to forfeiture and placed at the disposal of the Official Receiver for the payment of the money owed. whether the liability was incurred bona fide ; the secured debts of the person in respect...
Section 39
Section Claim by person who commits a specified offence Section Any person in respect of whom a notice is published under section 40 (2) or (5) may apply to the court, within thirty days after the publication of the notice, for release from forfeiture, any of his or her property, on the ground that he or she acquired it— by succession; by gift from a relation who was not concerned with, or privy to, the specified offence of which he or she is convicted or with reference to which the application for forfeiture is made under section 40 (4), or any other offence under this Act; or with money earned by him or her through lawful means. Where the court is satisfied that the property was acquired by the person applying under subsection (1) in any manner specified in that subsection, the court shall, subject to any terms and conditions as may be specified by it, exclude the property from that forfeited to the State under section 36 . In this section, “relation” includes, in the case of a man, his wife or reputed wife and in the case of a woman her husband or reputed husband.
Section 40
Section Procedure in respect of forfeiture Section The Court may examine the person, in respect of whose property the application is made— Where a person is convicted of a specified offence by a court other than the High Court, the court convicting him or her shall, as soon as possible after the conviction make a report to the High Court stating the particulars of the person convicted, the offence for which the person is convicted and other particulars as may be prescribed by regulations. The High Court on receiving a report under subsection (1), or on convicting any person for a specified offence , shall publish in a newspaper of wide circulation in Uganda and in the Gazette , a notice of the conviction, the liability for the property to be forfeited, the rights of the persons referred to in sections 37 and 38 (2) and the person to whom the notice is to apply and any relief to which that person is entitled under section 37 , 38 or 39 . For the purposes of this Part, the conviction of a person for a specified offence shall be deemed to be conclusive evidence that the person committed the specified offence . Without prejudice to subsections (1) and (2), the Attorney General may appl...
Section 41
Section Forfeiture order Section Where the court determines that the person against whom an application is brought, committed a specified offence , the order shall specify— At the conclusion of the proceedings under section 40 , the court shall make an order determining whether or not the person against whom the application is made committed a specified offence. the property to which the order applies; any mortgage or charge secured by or over the property ; the property placed at the disposal of the Official Receiver under section 38 (1); the property excluded from forfeiture under section 39 ; the property forfeited to the State; and the extent to which any property forfeited to the State is liable for arrears of revenue due to a local government. A notice shall be published in a newspaper of wide circulation in Uganda and in the Gazette , stating the particulars of the property placed at the disposal of the Official Receiver and the property forfeited to the State under subsection (2). An order made under subsection (1) so far as it relates to immovable property forfeited to State shall be treated for all purposes as if it were a transfer or other document effecting the transfer...
Section 42
Section Effect of forfeiture order Section Where an order is made under section 41 — no mortgage or charge in favour of any person or authority, other than the Government or a local government, except a mortgage or charge mentioned in the order as secured by any or all of the property in respect of which the order is made, shall be enforceable by any court or other authority in respect of the property stated in the order, and the property stated in the order as forfeited to the State, shall vest in the Government absolutely, subject only to a mortgage, charge , or arrears of revenue due to a local government, to which as expressly stated in the order, the property is subject. An order made under section 41 (1) in respect of immovable property shall be treated for all purposes as if it were a transfer or other document effecting the transfer of immovable property and, on the production of a certified copy of the order, the Registrar of Titles shall make the necessary annotations on the land register. A person who is in possession of any property forfeited to the State under section 41 (1) shall, on the production of a certified copy of the order, immediately hand over possession of...
Section 43
Section Penalty for contravention of forfeiture order Section Any person who contravenes section 42 (3) commits an offence and on conviction, is liable to a fine which is not less than the value of the property, which he or she refused or failed to hand over and to imprisonment not exceeding two years.
Section 44
Section Restoration of forfeited property Section Where a conviction for a specified offence is set aside by court on appeal, the court shall order for the restoration of the forfeited property . The court, to which any application is made under subsection (1), may after giving notice to the Attorney-General and after hearing the applicant and the Attorney-General and receiving and considering any evidence that it considers necessary for a proper decision in the matter, make an order it considers proper and just.
Section 45
Section Arrangement regarding tracing, realising, etc. of property in a country other than Uganda Section The Government may enter into an arrangement with the government of any other country and make provisions for— recovering and handing over to the Government of Uganda any property which is in that country in respect of which an order of forfeiture is made under section 41 ; or tracing and preserving any property in another country which is owned by or under the control of any person who has or is suspected to have committed any offence under this Act.
Section 46
Section Arrangement regarding tracing, realisation, etc. of property in Uganda Section The Government of Uganda may enter into a reciprocal arrangement with the Government of any other country for— recovering, and handing over to the Government of that other country, of any property in Uganda, which is confiscated by or forfeited to the Government of that country in consequence of the commission, by any person, of an offence under a corresponding law of that country; or tracing and preserving any property in Uganda owned by or under the control of any person who has, or is suspected to have committed an offence under a corresponding law of that other country. Where an arrangement referred to in subsection (1) is entered into between the Government of Uganda and the Government of any other country, the Minister may, by order, give effect to the arrangement and prescribe the procedure for recovering and handing over possession to the Government of that country, or for tracing and preserving of any property to which the arrangement applies. An order made under subsection (2) shall be laid before Parliament without unreasonable delay and where a resolution nullifying the order is passe...
Section 47
Section Procedure Section Proceedings under this Part shall be deemed to be civil proceedings. Subject to this Part, the practice and procedure of the High Court or any other court regarding any matter referred to in this Part shall be governed by rules made by the Chief Justice under section 90 .
Section 48
Section Concealing or transferring proceeds of drug trafficking Section Any person who— Any person who, knowing or who has reasonable grounds to suspect that any property, in whole or in part, directly or indirectly represents, another person’s proceeds of drug trafficking— conceals or disguises any property which in whole or in part directly or indirectly represents, his or her proceeds of drug trafficking; or converts or transfers any property which in whole or in part directly or indirectly represents, his or her proceeds of drug trafficking or removes the property from Uganda, conceals or disguises that property; or converts or transfers that property or removes it from Uganda, Any person who, knowing or who has reasonable grounds to suspect that any property, in whole or in part directly or indirectly represents another person’s proceeds of drug trafficking, acquires that property, commits an offence. In subsections (1)(a) and (2)(a), the reference to concealing or disguising any property includes reference to concealing or disguising the nature, source, location, disposition, movement, ownership or any rights with respect to that property. A person who commits any offence und...
Section 49
Section Prohibition of holding of property acquired in contravention of this Act Section A person shall not by himself or herself or through any other person on his or her behalf hold any property acquired in contravention with this Act. Where a person holds any property acquired in contravention of sub-clause (1), such property shall be forfeited to the State.
Section 50
Section Provisions of Part in addition to and not in derogation of Parts II and III Section The provisions of this Part are in addition to, and not in derogation of the provisions of Part II and Part III, in relation to conveyance or forfeiture of any narcotic drug or psychotropic substance , or any other article or thing.