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

 

   
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The Forfiture of Illegally Acquired Properties Is

 

The forfeiture of illegally acquired properties is done by the competent Authority in association with departments empowered to carry out forfeiture related investigation by the respective Acts. Under NDPS Act 1985 various departments like State Police, Customs and Central Excise, DRI, CBI etc ( Click to see the list of departments empowered to do forfeiture related investigation under the NDPS Act) have been empowered to carry out financial investigation for tracing and identifying illegal properties of drug traffickers ,his relatives and associates and seize/freeze these properties. After confirmation of seizing order by the jurisdictional Competent Authority the proerties come under the administration of the Administrator who manages and facilitates proper storage of the properties till passage of forfeiture order and its subsequent disposal.

Under SAFEM(FOP)A 1976 the task of tracing and identification primarily lies with the department of Customs. There is no provision of seizure of these properties by the investigating officer, however once the Competent Authority issues a show cause notice on the basis of facts and evidence collected by the investigating officer, the sale of the properties is restrained till passage of final forfeiture order.

See Financial Investigation link for further details regarding investigation under NDPS Act 1985