Inquiry into the character of acquisition of property by the Court

(1) Where no representation is made within the period specified in sub-section (1) of Section 17 or the District Magistrate does not release the property under sub-section (2) of Section 17 he shall refer the matter with his report to the Special Court to try an offence under this Act. (2) Where the District Magistrate has refused to attach any property under sub-section (2) of Section 16 or has ordered for release of any property under sub-section (2) of Section 17, the State Government or any person aggrieved by such refusal or release may make an application to the Special Court referred to in sub-section (1) for inquiry as to whether the property was acquired by or as a result of the commission of an offence triable under this Act. (3) Special Court may, if it considers necessary or expedient in the interest of justice so to do, order attachment of such property. (4) On receipt of the reference under sub-section (1) or an application under sub-section (2), the Special Court shall fix a date for inquiry and give notice thereof to the person making the application under sub-section (2) or, as the case may be, to the person making the representation under Section 17 and to the State Government, and also to any other person whose interest appears to be involved in the case. (5) On the date so fixed or any subsequent date to which the inquiry may be adjourned, the Special Court shall hear the parties, receive evidence produced by them, take such further evidence as it considers necessary, decide whether the property was acquired by the person as a result of the commission of an offence triable under this Act and shall pass such order under Section 19 as may be just and necessary in the circumstances of the case. (6) Notwithstanding anything contained in the Indian Evidence Act, 1872, to the contrary, in any proceedings under this section, the burden of proving that the property in question or any part thereof was not acquired by a person as the result of the commission of any offence triable under this Act, shall be on the person claiming the property.