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

 

   
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The Procedure As Laid Down Under

 

Seizure of properties is a very powerful tool in the hands of investigating officer under NDPS Act 1985. No such power has been granted under SAFEM ( FOP) A 1976. As per section 68 F of the NDPS Act, if the investigating officer who is carrying out investigation for tracing andd identifying illegal properties of drug traffickers, has reasons to believe that the properties traced by him may be transferred orr disposed by the time the investigation is completed , he may seize the properties and when it is not practicable to seize the properties he may freeze them ( i.e may leave the properties in the hands of the owner with a direction that they shall not be transferred or dealt with in any other manner without proper permission). A seizing/freezing order has to be passed by him and within forty eight hours of passage the order has to be dispatched to the jurisdictional Competent Authority for confirmation. The competent Authority has been granted thirty days from the date of passage of seizing order  to complete the process of confirmation. The confirmation order is normally passed after giving  the affected persons an opportunity to present their side. Once the order is confirmed the seizing order passed by the investigating officers becomes final and remains valid till final forfeiture order is passed.  A seizing/freezing order ceases to exist after thirty days if not confirmed by the Competent Authority.

Section 68  E (3) of the NDPS Act provides that any inquiry or survey in respect of any person ,place ,property ,assets, documents, books of accounts , or any other relevant matter shall be carried in accordance with such directions or guidelines as the Competent Authority may issue in this behalf.

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