Bare ActsThe NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1985

Section 68H

Notice of forfeiture of property

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Notice of forfeiture of property._(1) If, having regard to the value of l9 ^tfl"..,j* held by any perion to _whom this Chipter" applies, either by hxns€lt or ttrrough any,other person on his behalf, his known sources of incomi, earmngs or assets, and any other information or material available to it as a result ot a report from any officer making an investigation under section 6gE or 9T9l"ts9, the competent authority has reason to believe (the reasorrs for sLrch behet to be recorded in writing) that all or any of such properties are illegally acquired properties, it may s€rve a notice upon such person (ilereinafte. refeirei to a:..thj person affected) calling. upon him within a period of thirty davs specified in the notice to indicate. the-sources of his income, eamrngs or assets, out of which or by means of which he has acquired such property, tire evidence on which he relies and other relevant inlormition ana pa'rticuta.s, and to show .,"T" thf all or..any _of such properties, as the case'may be, should not be declared to be _ illegally acquired properties and forfeited to the Central UoverTunent under this Chapter. (2) Where a notice under sub-section (1) to any person specifies any property a9 !9ing ndd on behalf of such person by urry otti"i p"..o.,i a copy of the notice shall also be served upon such other oeloni l[Provided that no notice for forieiture shall be served upon:rny person referred to in clause (cc) of sub-section (2) of section eSA orledtive "f; ;;;;;; referred to in that clause or associate of 'a person .efe..uJ to in that clause or holder of any proDertv which was at any time previously nefa Uy a ferson referred to in tfrat ctauie.; - zlExplanation.-For the removal of doubts, it is hereby declared that in a case yh9..9 h" provisions of section 6gJ are applicable, "" .ioti." ,.a", this section shall be invalid merely on the gro'nd tnai it rait to -".rio.r tt" "uidence relied upon or it fails to establish a direct nexus between the property sought to be t .t:*9 3l1Ty ac(iviry in contravention of tf," p.*i.i5nJ'ot ,r,i. a.t.1 _-_.*-:.. .ott"tlTe.ot property in certain cases._(l) The competent authority 1:Il utt"l."oryig9ring _th9 explanatiory it any, to the show cause notice issued under section 68H, and the materials availabie before it and after giving to the person affected (and in a case where_ the p".sor, "ffe.t"J i oid" ;y p-."p";t :1".:il1:1,^-^1" loti:." rygl$ ]ny other p"^.". ,o ;;.h ;th;. person arso) a :1'111?,: opportunity of being heard,.by order, record a finding whether all'or -y:, T: properties- in question are illegally acquired properlres: r-rovt(led that it the person affected (and in a iase wherd the person affected *l*^rll^1.,.f"-.ty specified.in rhe noriie through ;i';th;r;".ron such orher pe:son 3bol.99es not appear before the competeni authority or represent his case before it within a period of thirty days speilfied in the sirow cause notice, the -i. n"]y a"t e "f 2001, sec. 35 (w.e.f. 2-1G20ot).

Section 68H – The NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1985 | DailyLaw.ai