TMI Blog2010 (2) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to as the Code ) for attachment and forfeiture of the properties of the respondents. According to the applications, the said properties were derived from or used in commission of offences and were acquired from the criminal activities. The police further urged that the respondents were involved in the criminal activities since long and had accumulated huge wealth derived directly or indirectly by or such criminal and unlawful activities. According to the police some of these properties were in the names of their relatives which were clearly traceable to the respondents herein. The prayer thus was made under Section 105-D of the Code for authorization to take all necessary steps to trace out and identify such properties and further f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing currency transfers) or the value of any such property Section 105A (d) defines the property as under: (d) property means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assts derived or used in the commission of an offence and includes property obtained through proceeds of crime. Section 105-B deals with assistance in securing arrest of persons on request from contracting states or the arrest in the contracting states. Sub- Section (1) thereof starts with the words Where a Court in India . So also Sub-Section (3) starts with the aforementioned words. Section 105C is as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) or on receipt of letter of request under sub-section (3) of Section 105-C. Section 105-E empowers the officer conducting an inquiry or investigation to make an order of seizure of such property, if he has a reason to believe that such property is likely to be concealed, transferred or dealt with in any manner which will result in disposal of the property. Section 105-F relates to the power of court to appoint District Magistrate of any area or his nominee where the property situated to perform the functions of an administrator of such property. Section 105G provides for show cause notice before forfeiture. Section 105-H deals with the forfeiture of the property to Central Government while Section 105-I empowers the Court giving an op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Code relating to search and seizure during investigation. The High Court has posed following questions: i) What was the law before the making of the amendment? ii) What was the mischief and defect for which the law did not provide? iii) What is the remedy that the amendment has provided? And iv) What is the reason of the remedy? 7. Answering all these questions and also taking into account the general provisions of search and seizure contained in Sections 91 to 101 of the Code, as also taking into consideration Sections 451, 452 and 457 of the Code dealing with the custody and disposal of the property involved in crime, the High Court ultimately came to the conclusion that the said provisions of Chapt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (including crimes involving currency transfer) and terrorist funds, with a view to check the terrorist activities in India and the United Kingdom. The statement further goes on to provide the three objectives, viz.: (a) the transfer of persons between the contracting States including persons in custody for the purpose of assisting in investigation or giving evidence in proceedings; (b) attachment and forfeiture of properties obtained or derived from the commission of an offence that may have been or has been committed in the other country; and (c) enforcement of attachment and forfeiture orders issued by a court in the other country. 10. We have even taken into consideration the speech of the then Home Minister Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion within the scope of general law. We again cannot ignore the express language of Sections 105-B and 105-C which starts with the words where a court in India . If this chapter was meant for the general offences and the properties earned out of those general offences in India, then such a phraseology would not have been used by the Legislature. 12. Lastly we see the provisions of Section 105-L which are clear that the Central Government may by notification in the official gazette, direct that the application of this chapter in relation to a contracting State with which there are reciprocal arrangements would be subject to some conditions, exceptions and qualifications as would be specified in the said notification. It is, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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