The Cost on publication and inform shall be paid from the Fund.

Section 29 The Court shall conduct a trial in respect of all the properties which the Public Prosecutor has filed the motion under section 27 paragraph one. If there is a prima facie case that they are the properties connected with the commission of an offence relating to narcotics, the Court shall issue an order forfeiting the properties, unless the person who claims to be the owner of such properties submits an application for the restitution thereof before the case becomes final and proves to the Court that:
(1)he is the true owner and the properties are not connected with the commission of an offence relating to narcotics; or
(2)he is the transferee or the beneficiary, and has acquired the properties in good faith and for value or has reasonably acquired them on account of good moral or public charity.

For the purpose of this section, if there is an evidence showing that the accused or the examinee is involved or used to involve in the commission of an offence relating to narcotics, it shall be presumed that all money or properties possessed or acquired by him beyond his status or his capability of engaging in his occupation or other activities in good faith are the properties connected with the commission of an offence relating to narcotics.

⁽⁶⁾Section 30 All the instrument, equipment, conveyances, machines or any other properties used in the commission of an offence relating to narcotics or used as accessories for producing the consequence of the commission of an offence relating to narcotics or processed for use in the commission of an offence relating to narcotics shall be forfeited, irrespective of whether or not any person is convicted by the judgment.

The Public Prosecutor shall file a motion with the Court that hearing such case to issue an order forfeiting the properties under paragraph one. And after the Court issue an order to accept that motion the Court shall order to publish in the newspaper which is widely distributed in the locality for at least two consecutive days in order that any person who may claim to be the owners of the properties may file the motion to entry into the case before the Court of First Instance passed judgment to order, all this is due irrespective of whether or not such case shall appeared the person who may claim to be the owner of the properties.

The Cost on publication shall be paid from the Fund.

In case where there is no any person claim to be the owner of the properties before the Court of First Instance passes the judgment or order or in case where it appears the owner but the owner does not proof that he have no opportunity to acknowledge or have no reasonable ground to suspect that there shall had the commission and shall took such properties to use in the commission or used as the accessories for producing the consequence of the commission or possessed for use in the commission, the Court shall be forfeited such properties when terminated thirty days from the day that is the date published in the daily newspaper under paragraph two, and in this case the section 36 of the Penal Code shall not apply.

Section 31 The properties forfeited by the order of the Court under section 29 and section 30 shall devolve on the Fund.

Section 32 In the case where there is a final non-prosecution order or where there is a final judgment dismissing the charge against any alleged offender or any accused, the seizure or attachment of his properties including the properties of other persons which have been seized or attached on account of their connection with the commission of the offence by the alleged offender of the accused shall terminate. With respect to the properties seized or attached on account of the commission of an offence by the alleged offender or the accused, the owner of which is not known, if no person makes an application for their restitution within one year as from the date of the final non-prosecution order or the final judgment dismissing the charge, the properties shall devolve on the Fund.

In the case where the criminal prosecution cannot be instituted within two years as from the date of the commission of an offence and the alleged offender or the accused can not be arrested, the properties seized or attached on account of the commission of the offence by the alleged offender or the accused shall devolve on the Fund. If the criminal prosecution cannot continue owing to the death of any alleged offender or accused, the properties shall devolve on the Fund, unless, within two years as from the date of his death, his heirs can prove that the properties are not connected with the commission of an offence relating to narcotics or the alleged offender or the accused had acquired such properties in good faith and for value or had reasonably acquired them on account of good moral or public charity, such properties shall be returned to his heirs.

Section 33 The application for the restitution of properties shall be submitted together with documents and evidences to the Committee.

The application for the restitution of properties and the making of the restitution thereof shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

CHAPTER 3
Narcotics Control Fund

Section 34 There shall be established a Narcotics Control Fund in the Office for the purpose of narcotics control.

Section 35 The Fund under section 34 shall consist of the following properties:
(1)the properties devolved on the Fund under section 31 and section 32;
(2)the properties donated by other persons;
(3)the Government subsidies;
(4)the benefits arising from the properties under (1), (2) and (3).

Section 36 The Fund under section 35 shall belong to the office without being remitted as State revenue.

Section 37 The receipt, payment and the keeping of money of the Fund shall be in accordance with the Rules prescribed by the Committee with the approval of the Ministry of Finance.

Section 38 The investment, management and disposal of properties of the Fund shall be in accordance with the Rules prescribed by the Committee with the approval of the Ministry of Finance.

Section 39 Within six months as from the last day of the calendar year, the Secretary-General shall submit to the Minister for resubmitting to the Council of Ministers the balance-sheet and the report on the receipt and payment of the money of the Fund in the foregoing year which have been audited and certified by the office of the Auditor-General of Thailand.

In the case where the Council of Ministers is of the opinion that the amount of the Fund is so large that, after its utilization under its objectives, the surplus is still enormous, the Council of Ministers may pass a resolution remitting any sum thereof as State revenue.

CHAPTER 4
Penalties

Section 40 Any person who does not give his statements or give explanations in writing or submit accounts, documents or evidences under section 25 (2), or who obstructs or does not provide facilities under section 25 (3) shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht or to both.

Section 41 Any person who knows or is likely to know an official secret relating to the execution of this Act does an act in any manner causing other persons to know or likely to know such secret shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht or to both, unless he does such act in the performance of his duties or in accordance with the law.

Section 42 Any person who, in any manner, removes, conceals, makes away with, damages, destroys, causes the loss of or renders useless, or unlawfully receives the properties which are subject to the seizure or attachment order or the properties which he knows that they will be seized or attached under this Act shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding thirty thousand Baht or to both.
Countersigned by:

Anand Panyarachun
Prime Minister
Certified correct translation
J. Pornthip
(Pornthip Jala)
Office of the Council of State

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(6) Repealed and replaced by the Act on Measure for the Suppression of Offenders in an Offence Relating to Narcotics (No.2) B.E.2543, section 5.