Competent Authority & Administrator,
NDPS Act 1985 & SAFEM (FOP) Act 1976, New Delhi
 
 

 

   
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There are five Officers of Competent Authority
 

The NDPS Act 1985 has provisions for forfeiture of illegally acquired properties of  drug offenders and his/her relatives and associates of the type as specified in chapter VA of the Act. Similarrlly SAFEM (FOP)A 1976 has provisions for forfeiture of illegally acquired properties of certain types of smugglers as specified in the Act.

To administer the forfeiture related provisions under the NDPS Act 1985 & SAFEM(FOP)A 1976, five offices of Competent Authority and Administrator, under appropriate sections of the two Acts have been constituted. These offices are situated at New Delhi, Mumbai, Kolkatta, Chennai, and Lucknow having separate territorial jurisdiction. Normally a Commissioner of Income Tax, or a Commissioner of Customs or a Commissioner of Central Excise, is appointed as Competent Authority. However Central Government may appoint any other officer of Central Government of equivalent rank as Competent Authority under chapter VA of the NDPS Act 1985.

The jurisdiction of Competent Authority is decided mainly on the basis of residential address of the accused in the case. The states falling within the jurisdiction of each of the five Competent Authorities have been shown in part B of this chapter. However as mentioned above whether a particular case of drug offence related seizure/forfeiture of assets would fall under a particular Competent Authority’s jurisdiction depends upon the residential address of the accused and not the place of arrest or detection of the accused.    

B. THE JURISDICTION
( Click to see map)

S.No.

Name of Competent Authority

Jurisdiction

1.

Competent Authority,  New Delhi

States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan and Union territories of Chandigarh and National Capital Territory of Delhi

2.

Competent Authority, Chnnai

States of Andhra Pradesh, Karnataka, Kerala, Tamilnadu and Union territories of Pondicherry and Lakshdweep

3.

Competent Authority, Chnnai

States of Arunachal Pradesh, Assam, Manipur, Mizoram, Meghalaya, Nagaland, Orissa, Sikkim, Tripura, West Bengal and Union territory of Andaman and Nicobar Islands

4.

Competent Authority, Lucknow

States of Bihar, Jharkand, Uttar Pradesh and Uttaranchal

5.

Competent Authority, Mumbai

States of Gujarat, Goa, Maharashtra, Madhya Pradesh, Chattisgarh and Union territories of Daman and Diu and Dadra and Nagar Haveli.


[ M.O.F. ,D.O.R., Notification no.5 dated16th March 2001]


C. THE CRITERION FOR JURISDICTION

The area of jurisdiction of the Competent Authorities has to be decided on the basis of the address/residence of the detenue/the person against whom detention order has been issued/the person who has been charged under the relevant Acts.  If there is more than one address/place of residence, the Competent Authority in whose jurisdiction the sponsoring/investigating agency is located, shall have the jurisdiction.  In case of persons who do not have any address/place of residence in India, the Competent Authority in whose area of jurisdiction the person is detained/charged, shall have the jurisdiction.  In respect of a person convicted by a competent court of criminal jurisdiction outside India for an offence similar to an offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 with imprisonment for a term of five years or more, the Competent Authority who shall have jurisdiction shall be the Competent Authority in whose area of jurisdiction the illegally acquired property is located or the Competent Authority, who has been authorized by the Central Government by an order.

[ M.O.F. ,D.O.R., Notification no.5 dated16th March 2001]