NDPS Act 68FChapter VA · Forfeiture of Illegally Acquired Property
Section 68F · Seizure or freezing of illegally acquired property
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1[68F. Seizure or freezing of illegally acquired property.-- (1) Where any officer conducting an
inquiry or investigation under section 68E has reason to believe that any property in relation to which
such inquiry or investigation is being conducted is an illegally acquired property and such property is
likely to be concealed, transferred or dealt with in any manner which will result in frustrating any
proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing
such property and where it is not practicable to seize such property, he may make an order that such
property shall not be transferred or otherwise dealt with, except with the prior permission of the officer
making such order, or of the competent authority and a copy of such order shall be served on the person
concerned:
Provided that the competent authority shall be duly informed of any order made under this subsection and a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made.
Explanation.-- For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes--
(a) the creation of a trust in property;
(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
(c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.]
Provided that the competent authority shall be duly informed of any order made under this subsection and a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made.
Explanation.-- For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes--
(a) the creation of a trust in property;
(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
(c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.]
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