Section 68B of NDPS Act, 1985 : Section 68B: Definitions

NDPS Act, 1985

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Explanation using Example

Imagine a scenario where the Central Government suspects that Mr. X, a known drug trafficker, has acquired several properties using the proceeds from his illegal activities. Under Section 68B of The Narcotic Drugs and Psychotropic Substances Act, 1985, the definitions provided help authorities in the following ways:

  • An Appellate Tribunal would be the body Mr. X could approach to contest any decisions made regarding the forfeiture of his properties.
  • The term "associate" would allow authorities to investigate not just Mr. X, but also those close to him, such as family members, business partners, or anyone else who might be managing his affairs or residing with him.
  • The "competent authority" is the officer designated by the Central Government to handle the case against Mr. X, including identifying and freezing his assets.
  • If Mr. X tries to hide the nature or source of his properties, this act of "concealment" would be an offense under the Act.
  • The government could issue an order for "freezing" his assets to prevent any transfer or disposal while the investigation is ongoing.
  • The term "illegally acquired property" would encompass any assets Mr. X has obtained through his narcotic dealings, directly or indirectly.
  • Anyone related to Mr. X, as defined under "relative", could also come under scrutiny to ensure that Mr. X has not transferred any properties to them to avoid forfeiture.

Thus, the definitions in Section 68B provide the legal framework for the authorities to proceed with identifying and taking action against properties involved in drug trafficking.

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