sec.63Forfeiture order may provide for discharge of encumbrance

### sec.63 Forfeiture order may provide for discharge of encumbrance If— the Supreme Court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance; the court may make the orders about the encumbrance the court considers appropriate. The commission or, if the application is made by a police officer, the commissioner of the police service may give the undertaking for the State. (sec.63-ssec.1) If— the Supreme Court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance; the court may make the orders about the encumbrance the court considers appropriate. (sec.63-ssec.2) The commission or, if the application is made by a police officer, the commissioner of the police service may give the undertaking for the State. - (a) the Supreme Court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and - (b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;