A drug dealer who had more than £33,000 in cash confiscated by the police has lost his battle to keep his money.
Dundee Sheriff Court was told that Daniel Montgomery’s money had been forfeited to the Crown under Proceeds of Crime legislation.
Previously, unless the 52-year-old, of Southampton Place, Craigie, agreed to hand the money over, the agency tasked with recovering the money was powerless to get their hands on it, the court heard.
The money was demanded by the Crown after Montgomery had admitted being concerned in the supply of cannabis resin and possessing cannabis and cocaine on February 17 2016, at his home at Southampton Place.
It’s believed the cash was found in his house at the time of his arrest.
Montgomery maintained the money had been for his son and he refused to hand it over, the court was told.
He appeared in court after failing to sign the money over within the designated six months.
Under Scots law, when the police seize money from an individual, they must agree to hand it over.
If they don’t do so, a sheriff can rule for the money to be forfeited.
Solicitor Douglas Williams told the court he had only recently been approached by Montgomery to represent him and still awaited certain information.
He asked Sheriff Lorna Drummond to adjourn the hearing.
Fiscal depute Gavin Whyte of the Proceeds of Crime Unit told the court he was moving for the immediate release of the £33,215 cash, which was being held by the police.
At a court hearing on August 17 last year, the cash had been demanded by the crown’s Proceeds of Crime Unit and Montgomery was given until February this year to agree to the release of the money.
However, the court heard he had failed to do so.
Montgomery had also parted company from his previous legal representatives.
Sheriff Drummond granted Mr Whyte’s motion for the money to be released to the Crown immediately.