Power of High Court

(1) The High Court shall have the powers of revision and appellate jurisdiction over the Special Courts as specified under the Code. (2) The High Court may issue such directions as it considers necessary for the efficient functioning of the Special Courts. (1) Where the Authorised Officer has reasons to believe that any property is subject to confiscation under this Act, he shall serve a notice upon the person concerned to show cause why such property should not be confiscated. (2) The notice under sub-section (1) shall specify the grounds on which the property is proposed to be confiscated and shall require the person concerned to file a reply within such period as may be prescribed. (3) On receipt of the reply, if any, the Authorised Officer shall, after giving an opportunity of hearing, pass such order as he deems fit, and if the property is ordered to be confiscated, the same shall be reported to the Designated Court. (4) Any person aggrieved by the order of the Authorised Officer may prefer an appeal to the Designated Court within 30 days from the date of the order; provided that the Designated Court may entertain the appeal after the expiry of the period of 30 days if it is satisfied that there was sufficient cause for the delay. (1) Where the State Government, on the basis of prima facie evidence, have reasons to believe that any person, who held or is holding public office and is or has been a public servant, has committed an offence, the State Government may, whether or not the Special Court has taken cognizance of the offence, authorize the Public prosecutor for making an application to the Authorised Officer for confiscation under this Act of the money and other property, which the State Government believe the said person to have procured by means of the offence. (2) An application under sub-section (1)- (a) shall be accompanied by one or more affidavits, stating the grounds on which the belief, that the said person has committed the offence, is founded and the amount of money and estimated value of other property believed to have been procured by means of the offence; and (b) shall also contain any information available as to the location for the time being of any such money and other property, and shall, if necessary, give other particulars considered relevant to the context. (3) Upon receipt of an application made under Section 16, the Authorised Officer shall serve a notice upon the person in respect of whom the application is made calling upon him within such time as may be specified in the notice, which shall not be ordinarily less than thirty days to indicate the source of his income, earnings or assets, out of which or by means of which he has acquired such money or property, the evidence on which he relies and other relevant information and particulars, and to show cause as to why all or any of such money or property or both, should not be declared to have been acquired by means of the offence and be confiscated to the State Government. (4) Where a notice, under sub-section (1) to any person, specified any money or property or both as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. (5) Notwithstanding any thing contained in sub-section (1), the evidence, information and particulars brought on record before the Authorised Officer, by the person affected or the State Government shall be open to rebuttal in the trial before the Special Court : Provided that such rebuttal shall be confined to the trial for determination and adjudication of guilt of the offender by the Special Court under this Act.