Title : Forfeiture of Property in Certain Cases
State : Central
Year : 1985
(1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 68H, and the materials available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show..... View Complete Act List Judgments citing this sectionTitle : Rules and Notifications to Be Laid Before Parliament
State : Central
Year : 1985
1[Every rule made under this Act by the Central Government and every notification or order issued under clause (viia), clause (xi), clause (xxiiia) of section 2, section 3, section 7A, section 9A and clause (a) of section 27 shall be laid, as soon as may be, after it is made or issued], before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or the notification shall thereafter have effect only in such..... View Complete Act List Judgments citing this sectionTitle : Enhanced Punishment for Offences After Previous Conviction
State : Central
Year : 1985
1[31. Enhanced punishment for offences after previous conviction (1) If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this Act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to one-half of the maximum term of imprisonment and also be liable to fine which shall extend to one-half of the maximum amount of fine (2) Where the person referred to in sub-section (1) is liable to be punished with a minimum term of..... View Complete Act List Judgments citing this sectionTitle : No Suspension, Remission or Commutation in Any Sentence Awarded Under This Act
State : Central
Year : 1985
1[32A. No suspension, remission or commutation in any sentence awarded under this Act Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.] ______________________ 1. Inserted by Act 2 of 1989, section 10 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : Application of Section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958
State : Central
Year : 1985
Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27. View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 1985
In this Chapter, unless the context otherwise requires,-- (a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Properly constituted under section 68N; (b) "associate" in relation to a person whose property is liable to be forfeited under this Chapter, means-- (i) any individual who had been or is residing in the residential premises (including out-houses) of such person; (ii) any individual who had been or is managing the affairs 9r keeping the accounts of such person; (iii) any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act, 1956 (1 of 1956), of which such person had been or is a member, partner or director; (iv) any individual who had been or is a member, partner or director of an..... View Complete Act List Judgments citing this sectionTitle : Recovery of Sums Due to Government
State : Central
Year : 1985
(1) In respect of any licence fee or other sum of any kind payable to the Central Government or to the State Government under any of the provisions of this Act or of any rule or order made thereunder, the officer of the Central Government or the State Government, as the case may be, who is empowered to require the payment of such sum, may deduct the amount of such sum from any money owing to the person from whom such sum may be recoverable or due or may recover such amount or sum by attachment and sale of the goods belonging to such persons and if the amount of the same is not so recovered, the same may be recovered from the person or from his surety (if any) as if it were an arrear of land revenue. (2) When any person, in compliance with any rule made under this Act, gives a bond..... View Complete Act List Judgments citing this sectionTitle : Offences to Be Cognizable and Non-bailable
State : Central
Year : 1985
1[37. Offences to be cognizable and non-bailable (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)-- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for2[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on..... View Complete Act List Judgments citing this sectionTitle : Failure of Officer in Duty or His Connivance at the Contravention of the Provisions of This Act
State : Central
Year : 1985
(1) Any officer, on whom any duty has been imposed by or under this Actand who ceases or refuses to perform or withdraws himself from the duties ofhis office shall, unless he has obtained the express written permission of hisofficial superior or has other lawful excuse for so doing, be punishable withimprisonment for a term which may extend to one year or with fine or with both. 1 [(2) Any officer on whom any duty hasbeen imposed by or under this Act or any person who has been given the custodyof-- (a) any addict; or (b) any other personwho has been charged with an offence under this Act, and who wilfully aidsin, or connives at, the contravention of any provision of this Act or any ruleor order made thereunder, shall be punishable with rigorous imprisonment for aterm which shall..... View Complete Act List Judgments citing this sectionTitle : Offences Triable by Special Courts
State : Central
Year : 1985
1[36A. Offences triable by Special Courts (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (a) all offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Speical Courts than one for such area, by such one of them as may be specified in this behalf by the Government; (b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under subsection (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in such custody..... View Complete Act List Judgments citing this section