2001 - Ministry of Law and Justice

OF 20011 Narcotic Dnigs attd Psycltotrogic Substances (Antettd(rtetrt) 35-I33. In section 68C of the principal Act, in sub-section (a), for the proviso, the following Amendrneilt ofproviso shall be substituted, namely:- section 68C. I"Provided that no property shall be forfeited under this Chapter if such propertywas acquhed, by a person to whom this Act applies, before a period of six yearsfrom the date he was arrested or against whom a warrant or autllorisation of arresthas been issued for the cornmission of an offence punishable under this Act or from 'the date the order or detention was issued, as the case may be.".34. In seclion 688 of the principal Act, for nib-section (I), the following sub-section Amendment ofshall be substituted, namely:- section 68E."(I) Every officer empowered under section 53 and every officer-in-charge ofa police station shall, on receipt of information is satisfied that any person to whomthis Chapter applies holds any illegally acquired property, he may, after recordingreasons for doing so, proceed to take all steps necessary for lracing and identifyingsuch property.".35. In section 68H of the principal Act, in sub-section (2). tllc following proviso Amendment ofshall be inserted at the end, namely:- section 68H., ,"Provided that no notice for forfeiture shall be served upon any person referredto in clause (cc) of sub-section (2) of sectione68A or relative of a person referred toin that clause or associate of a person referred to in Bat clause or holder of anyproperty which was at any time previously held by a person referred to in that clause."III36. In section 68-1 of the principal Act. after sub-section (3). the following proviso Amendment ofsllall be inserted at'the end, namely:- section 68-1."Provided that no illegally acquired property of any person who is referred toin clause (cc) of sub-section (2) of section 68A or relative of a person referred to inthat clause or associate of a person referred to in that clause or holder of any propertywhich was at any time previously held by a person referred tomin that clause shallstntld forfeited.".37. In sectih 68-0 of the principal Act, in sub-section (I), for the words "Anyperson aggrieved by an order of the competent authority", the words, brackets, figures andletter "Any officer r efed to in sub-section (I) of section 68E or any person aggrieved byan order of the competent authority" shall be substituted.38. After section 68Y of the principal Act, the following section 'shall be inserted,11atyely:-"68Z (I) Where the detention order of a detenu is set aside or withdrawn,properties seized or frozen under this Chapter shall stand released.(2) Where any person referred to in clause (a) or clause (b) or clause (cc) ofsub-section (2) of sectio~r 68A has been acquitted or discharged from the chargesunder this Act or any other corresponding law of any other country and the acquittalwas not appealed against or when appealed against, tllc appeal was disposed of as aconsequence ~f which such property could not be forfeited or warrant of arrest orautllorisation of arrest issued against such person has been withdrawn, then, propertyseized or frozen under this Chapter sllall stand released.".39. In section 76 of the principal Act, in sub-section (2). after clause (c), the followingclause shall be inserted. namely:-'(ca) the manner in w~ich "controlled delivery" under section 50A is to beundertaken; '.Amendment afsection 68-0.Insertion of newscction 682.Release of propertyin certnin .CBSES.Amendment ofsection 76.