Following are some important points which must be ensured before passing a seizing/freezing order :
- 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.
- 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.
- 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.
- Ensure that ancestral properties or properties acquired long time back, having no apparent nexus with illegal earnings of the accused are not seized/frozen.
- 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.
- 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.
- 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.