Vidhi Codex

section 16

Enquiry into the character of acquisition of property by Special Cour

The Rajasthan Dacoity Affected Areas Act, 1986
Criminal198629 sections
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Statutory text
  1. (1) If the District Magistrate is not satisfied with the representation made under Section 15, he shall refer the matter, alongwith his report to the special court having jurisdiction for deciding whether the property or any part thereof was or was not acquired by, or as a result of, the commission of scheduled offence.
  2. (2) On receipt of the reference made under sub-section (1), the special court shall fix a date for enquiry and give notice to the person making the representation and to the State. On the date so fixed, or on any subsequent date to which tie enquiry may be adjourned, the special court shall hear the parties receive evidence produced by them, take such further evidence as it may consider necessary and decide the reference.
  3. (3) For the purpose of making enquiry under sub-section (2), the special court shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of the following matters, namely—
    • (a) Summoning and enforcing the attendance of any person and examining him on oath;
    • (b) requiring the discovery and production of documents;
    • (c) receiving evidence on affidavits;
    • (d) requisitioning any public record or copy thereof from any court or Office;
    • (e) issuing commission for examination of witnesses or documents;
    • (f) dismissing the reference for default or deciding it ex parte;
    • (g) setting aside an order of dismissal for default or an order passed by it ex parte; or
    • (h) any other matter which may be prescribed.
  4. (4) In any proceeding under this section, the burden to prove that the property or any part thereof mention in the representation under Section 15 was not acquired by, or as a result of, the commission of a scheduled offence shall be on the person claiming the property notwithstanding anything contained in the Indian Evidence Act, 1872 (Central Act 1 of 1872).

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