Section 22 In examining the properties, if the examinee or the person who claims to be the owner of the properties cannot adduce evidences to prove that the properties so examined are not connected with the commission of an offence relating to narcotics, or he has accepted the transfer of such properties in good faith and for value, or has reasonably acquired them on account of good moral or public charity, the Committee shall issue an order seizing or attaching such properties until the issuance of the final non-prosecution order which shall be no longer than one year as form the date of such seizure or attachment or until the passing of a final judgment dismissing the charge.
For the purpose of examining the properties, if there is a reasonable ground to believe that any properties may be transferred, removed, concealed, or there exists any other reasons and necessities, the Committee shall have the power to issue a provisional order seizing or attaching such properties until the decision under section 16 (3) is made: provided that, the examinee or the person who claims to be the owner of the properties shall not be prevented from submitting an application for staying the execution of the order in order to take the property back for utilization with or without bail or with bail and security, and the provisions of section 19 paragraph two shall apply mutatis mutandis.
After such provisional seizure or attachment, the Committee shall forthwith make an arrangement for the proof under paragraph one. In the case where the examinee or the person who claims to be the owner of the properties is able to prove under paragraph one, the properties shall be returned to such person. If such person is unable to prove, it shall be deemed that the seizure or attachment under paragraph two is the seizure or attachment under paragraph one.
The submission of an application for staying the execution of the order under paragraph two shall be in accordance with the rules, procedure and conditions as prescribed in the Ministerial Regulation.
For the purpose of this section, the word "properties" shall include:
(1)properties which have been transformed, claims, benefits and the fruits of such properties;
(2)debts due to be paid by the third person to the alleged offender;
(3)the alleged offender's properties connected with the commission of an offence relating to narcotics which have been obtained, sold, disposed of, transferred or removed within the period of ten years before the issuance of the seizure or attachment order and thereafter, unless the transferee or beneficiary can prove to the satisfaction of the Committee that such transfer or such act has been made in good faith and for value.
Section 23 When the Committee or the Secretary-General, as the case may be, has already issued an order seizing or attaching any properties, the designated competent official shall forthwith execute the seizure or attachment order and assess the value of such properties, and then report for its or his information.
The seizure or attachment of the properties, and the assessment of the value thereof shall be in accordance with the rules, procedure and conditions as prescribed in the Ministerial Regulation;
provided that, the Civil Procedure Code shall apply mutatis mutandis.
Section 24 The keeping in custody of the properties seized or attached by the order of the Committee shall be in accordance with the Rules prescribed by the Committee.
In the case where the properties under paragraph one are unsuitable for keeping in custody, or if the keeping in custody of such properties will be more burdensome to the official service than the utilization thereof for other purposes, the Secretary-General may issue an order for a sale by auction or for the utilization of such properties for official purposes, and then report to the Committee for information.
A sale by auction or the utilization of the properties under paragraph two shall be in accordance with the Rules prescribed by the Committee with the approval of the Ministry of Finance.
If it appears thereafter that the properties utilized for official purposes under paragraph two are not the properties connected with the commission of an offence relating to narcotics, such properties shall be returned to their owners or possessors together with the compensation and the depreciation value which shall be paid from the Fund in an amount determined by the Committee. If the restitution of the properties is impossible, the price of the properties as assessed on the date of seizure or attachment or as received at the auction, as the case may be, shall be reimbursed.
The assessment of the compensation and the depreciation value under paragraph four shall be in accordance with the Rules prescribed by the Committee.
Section 25 For the purposes of the consideration, examination, seizure or attachment of properties under this act, the Members, the members of the sub- committee and the Secretary-General shall have the following powers:
(1)to issue a letter of inquiry requesting or issue an order requiring an official of a Government agency, State organization, State agency or State enterprise to give his statements or give explanations in writing, or to submit any account, document or evidence for examination or supplementing the consideration;
(2)to issue a letter of inquiry requesting or issue an order requiring any person concerned to give his statements or give explanations in writing, or to submit any account, document or evidence for examination or supplementing the consideration which also includes the examination by the banks, the Securities Exchange and the financial institutions;
(3)to enter, during day time and between sunrise and sunset, any dwelling place, premises or conveyance where there is a reasonable ground to suspect that an offence relating to narcotics is committed or the properties under section 22 are hidden therein, for the purposes of searching or examining, seizing or attaching the properties. In the case where there is a reasonable ground to believe that if a prompt action is not taken, the properties are likely to be removed, the entry may be made during night time.
In the case under (3), the Chairman of the Committee or the Secretary- General may entrust the competent official to act on his behalf, and then report to him.
In the performance of duty, the competent official entrusted under paragraph two shall produce the instrument of authorization to the person concerned each time.
Section 26 If a lawful seizure or attachment of properties under section 22 causes damage to any person, the person doing such act is not personally liable to pay compensation.
(4)Section 27 When the Public Prosecutor has issued a prosecution and the properties seized or attached by the order of the Committee under section 22 are the properties connected with the commission of an offence relating to narcotics, the Public Prosecutor shall file a motion with the Court to order the forfeiture thereof. The motion may be filed together with the charge or at any time before the Court of First Instance passes the judgment. In case where there is a reasonable ground to identified that he does not file the motion before the Court of First Instance passes the judgment, he shall be filed the motion within one years from the date that the Court of First Instance passed the judgment, unless there is the final judgment of acquit.
In case where it appears that there are additional properties connected with the commission of an offence relating to narcotics, a motion requesting the Court to issue the forfeiture order against such properties shall be filed within one year from the date that the Court of First Instance, unless there is the final judgment of acquit.
(5)Section 28 When the Court have an order to accepted the motion of Public Prosecutor under section 27, the Court shall be published in a 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 case becomes final. In case there is an evidence showing that any person may claim to be the owner of the properties, the Secretary General shall give a written notice to that person to exercise such his right, it shall be given through an A/V registered post to the most recent address of such person as appeared on evidence in the inquiry record.
   
(4)- (5) Repealed and replaced by the Act on Measure for the Suppression of Offenders in an Offences Relating to Narcotics (No.2) B.E.2543, section 4.