Clause 90

Any person, including the person proclaimed, may apply to the court for the release of the property attached under section 89 or for the net proceeds of sale if sold.

Such an application must be supported by an affidavit stating the reason for the release of the property or the net proceeds of the sale, and served on the Public Prosecutor.

The court, after hearing the parties, may make such order as it thinks fit, including an order for the applicant to pay the costs of the proceeding and an order for costs to be awarded to an applicant whose property was wrongfully attached.

An application under this section may not be made more than 3 years from the date of attachment or the sale, whichever is the later.

Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials.

Any order for costs to be awarded to an applicant whose property was wrongfully attached shall be paid out of the Consolidated Fund.