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

 

   
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Point to be checked before seizing/Freezing Properties properties Under NDPS Act
 

Following are some important points which must be ensured before passing a seizing/freezing order :

  1. Ensure that the persons whose properties are being seized/frozen are covered under any of the subheadings of Section 68 A 2 of Chapter VA of the NDPS Act 1985.
  2. Ensure that the “Tracing” of the properties has been done. ‘Tracing” as defined under Chapter VA of the Act implies finding the properties and recording their proper details , like house no, its area, name of owners, vehicle registration number, owner’s name etc so that they can be identified properly with reference to these details.
  3. Ensure safe custody of traced movable properties like amount in bank accounts, cash, jewellery, vehicles etc during the process of passage and confirmation of seizing/freezing order. As it is relatively easier to transfer or conceal such properties, they may be transferred or concealed before a seizing order has been passed.
  4. Ensure that ancestral properties or properties acquired long time back, having no apparent nexus with illegal earnings of the accused are not seized/frozen.
  5. Do not wait to pass a seizing/freezing order till all or a substantial portion of illegally acquired properties have been traced. As soon as an illegally acquired property has been traced it shall be seized/frozen vide a seizing/freezing order. There is no restriction under the Act on number of seizing/freezing order which can be passed in a case.
  6. Ensure that there are proper reasons to believe that the property being seized/frozen is illegally acquired property and the reason to believe has been duly recorded in the seizing/freezing order.
  7. Ensure that all details of the accused person, like detail of arrest/FIR no, sections under which arrested, and quantity of narcotic/psychotropic substances seized have been mentioned in the order. If property belongs to relative/associate of an accused , mention the type of relationship/association in the order.