[2013]DLHC12079July 24, 2013High Court

EDWARD MACAULEY vs. EOCO, EXECUTIVE SECRETARY, NACOB

RULING Under Section 31(1)of Act 804, the Economic and Organized Crime Office Act 2010, it provides as following: 31(1) “A person who claims an interest in property seized under this Act shall apply to the Court within thirty days after the date of seizure for an order that the property be returned to that person. (2) If the Court is satisfied that, a. The person is entitled to possession of the property b. The property is not tainted property and c. The person in respect of whose charge, proposed charge or conviction the seized of the property was made has no interest in the property to the applicant.” In this instant case the applicant is invoking this section amongst others to have his property seized on the 14th February 2013 be returned to him. Edward Macauley is presently being held in a Federal Correction Institution, Ford Dix, New Jersey,USA. An affidavit was sworn on his behalf by one Edward Macauley Junior. He deposed in paragraph 9 and 10: jh9) That the property ...