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

 

   
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Forefeiture Laws
 
This office handles forfeiture of properties under two laws Viz. NDPS Act 1985 and SAFEM(FOP) A 1976.

Under NDPS Act 1985 the forfeiture of illegally acquired properties of persons who have been convicted for an offence punishable with imprisonment for ten years or more is to be done. The Act also provides for forfeiture of properties of persons against whom detention order under PITNDPS Act 1988 or PIT NDPS (J&K) 1988 has been passed. The properties of such persons who have been arrested for committing an offence punishable with imprisonment for ten years or more can be kept under seizure/freezing till their final conviction/acquittal. Properties of not only the offenders but their relatives and associates also can be forfeited under the NDPS Act if these have been partly or fully acquired with income which can be linked to drug trafficking.The forfeiture of properties is carried out independently by the Competent Authority and no civil court has jurisdiction in respect of any matter which the Competent Authority has powers to decide under the Act. No court or authority can grant any injunction in respect of any action taken under power conferred for forfeiture under this Act. In real practice the two proceedings viz criminal prosecution for drug trafficking and illegal property forfeiture proceedings can run parallel, under the proper Court and the Competent Authority respectively.

Click “NDPS Act 1985” to see the relevant sections. Also see “Financial Investigation” for more details.

Under SAFEM(FOP)A1976 forfeiture of illegally acquired properties of persons against whom detention order under COFEPOSA 1976 has been passed is done. There are other category of smugglers and foreign exchange manipulators also whose properties can be forfeited but in practice the forfeiture of COFEPOSA detenue only is being carried out. To see the relevant sections click SAFEM(FOP) Act 1976 and to get further details of forfeiture under this Act  click Forfeiture under (SAFEM FOP) A