Attachment and forfeiture of property

(1) No person shall hold or be in possession of any proceeds of any terrorist act or organised crime. (2) If an officer, investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of any terrorist act or organised crime, he may, with the prior approval of the Commissioner of Police or the designated officer of rank of IGP, order seizing such property, movable or immovable or both, and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order or, as the case may be, the Special Court and a copy of such order shall be served on the person concerned. (3) The investigating officer shall duly inform the Special Court, within forty-eight hours of the seizure or attachment of such property. (4) It shall be open to the Special Court either to confirm or revoke the order of seizure or attachment made under sub-section (2): Provided that the Special Court shall not pass an order unless an opportunity of being heard is given to the person claiming interest in such property. (5) (a) If, upon a report in writing made by an investigating officer, the Special Court has reason to believe that any person who has committed an offence punishable under this Act has absconded or is concealing himself so that he may not be apprehended, the Special Court may, notwithstanding anything contained in section 82 of the Code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the publication of such proclamation: Provided that the investigating officer shall not make a report to the Special Court for issuing the proclamation until he tried and failed to arrest the accused who has absconded or is concealing himself, within a period of three months from the date of registering the offence against such person. (b) The Special Court issuing a proclamation under clause (a) may, at any time, pass an order for attachment of property, movable or immovable or both belonging to such accused and thereupon the provisions of sections 83 to 85 of the Code shall apply to such attachment. (c) If the accused fails to appear before a Special Court as specified in the proclamation within a period of three months from the date of publication of proclamation, the Special Court shall pass an order for forfeiture of such property free from all encumbrances. (d) If within a period of six months from the date of forfeiture of property under clause (c), the accused whose property has been forfeited, appears voluntarily before the Special Court and proves to the satisfaction of the Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not received such notice of proclamation, the Special Court may pass an order for revoking the order of forfeiture of such property. (6) Where the accused has been convicted of any offence punishable under this Act the Special Court may, in addition to awarding any punishment by order in writing, declare that any property, movable or immovable or both belonging to the accused and specified in the order shall stand forfeited to the State Government free from all encumbrances. Explanation.- For the purpose of this section "proceeds of any terrorist act or organised crime" means all kind of properties which have been derived or obtained from commission of any terrorist act or organised crime or have been acquired through funds traceble to any terrorist act or organised crime and shall include cash, irrespective of person in whose name such proceeds standing or in whose possession they found. Provided that the Special Court shall not pass an order unless an opportunity... (5) (a) If, upon a report in writing made by an investigating officer, the Special Court has reason to believe that any person who has committed an offence punishable under this Act has absconded or is concealing himself so that he may not be apprehended, the Special court may, notwithstanding hing contained in section 82 of the code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the publication of such proclamation: Provided that the investigating officer shall not make a report to the Special Court for issuing the proclamation until he tried and failed to arrest the accused who has absconded or is concealing himself, within a period of three months from the date of registering the offence against such person. (b) The Special Court issuing a proclamation under clause (a) may, at any time, pass an order for attachment of properly, movable or immovable or both belonging to such accused and thereupon the provisions ofsections 83 to 85 of the Code shall apply to such attachment. (c) Ifthe accused fails to appear before a Special Court as specified in the proclamation within a period of three months from the date of publication of proclamation, the Special Court shall pass an order for forfeiture of such properly free from all encumbrances. (d) If within a period of six months from the date of forfeiture of property under clause (o), the accused whose property has been forfeited, appe voluntarily before the Special Court and proves to the satisfaction of the Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not reeeived such notice of proclamation, the Special Court may pass an order for revoking the order-of forfeiture of such propeffy. (6) Where the accused has been convicted of any offence punishable under this Act the Special Court may, in addition to awarding any punishment by order in writing, declare that any properly, movable or immovable or both belonging to the accused and specified in the order shall stand forfeited to the State Government free from all encumbrances. Explanation.- For the purpose of this section "proceeds of any terrorist act or organised crime" means all kind of properties which have been derived or obtained from commission of any terrorist act or organised crime or have been acquired through funds haceable to any terrorist act or organised crime and shall include cash, irrespective of person in whose name such proceeds standing or in whose possession they found.