Applications of Section 32(4) of the Misuse of Drugs Act 1975

Question

Section 32(4) of the Misuse of Drugs Act 1975 provides for the forfeiture in certain circumstances of a motor vehicle and other forms of transport used by a person in the commission of a drug offence. The relevant provision is as follows:

“(4) If, on the conviction of any person for an offence against section 6 of this Act, the Court is satisfied that any motor vehicle, aircraft, or ship or boat or other vessel owned by the convicted person (whether solely or as joint tenant or tenant in common with any other person or persons) or in which he has any interest (whether pursuant to a hire purchase agreement, leasing agreement, or otherwise) at the time of his conviction was used by the convicted person in the commission of that offence (whether or not he was the driver or person in charge), the Court shall, unless in the circumstances of the case the Court considers that it would be unjust to do so, order, in addition to any other penalty imposed under this Act, that the motor vehicle, aircraft, or ship or boat or other vessel be forfeited to Her Majesty.”

Kerry Francis is engaged in the business of renting and selling pot plants. Last year, on the advice of his accountant, he registered a company for the purpose of conducting the business. The name of the company is Indoor Greenery Limited. Kerry holds all but one of the shares, the only other share being held by his wife. Kerry is the sole director of the company. The company owns a Bedford van which Kerry uses for both business and personal purposes.

Kerry has now been found guilty of an offence under Section 6 of the Misuse of Drugs Act 1975. He was apprehended in circumstances that satisfied the Court that the Bedford van was ‘used’ by him in the commission of the offence. The Crown has made an application for an order for the forfeiture of the van.

Required:

Is the application likely to succeed? Give reasons for your answer.

Summary: This question belongs to corporate law and discusses about the applications of Section 32(4) of the Misuse of Drugs Act 1975.

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