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

 

   
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The Procedure
 
A proceeding for asset forfeiture under the NDPS Act is invariably triggered on receipt of information by the investigation officer that a person who is covered under section 68 A 2 of the NDPS Act  holds illegally acquired property.  The proceeding starts with the process of tracing and identification of illegally acquired property. The officer responsible for tracing and identification of properties has to carry out an extensive financial investigation for collection of details about the illegal properties. The officer has also to see whether there are sufficient reasons to believe that the properties are illegally acquired properties and they may be transferred or disposed if not seized/frozen.

If the officer has such reason so believe the  properties  have to be seized/frozen and the seizing/freezing order has to be sent to jurisdictional Competent Authority for confirmation. Once the seizing /freezing order is confirmed  the properties have to be taken under administration of the Administrator. This whole procedure has been depicted graphically in the flow chart belowe :