Section 15 of SAFEMA, Smugglers Act : Section 15: Competent Authority And Appellate Tribunal To Have Powers Of Civil Court

SAFEMA, Smugglers Act

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Explanation using Example

Imagine a scenario where the authorities suspect that Mr. John Doe has amassed wealth through smuggling activities. To investigate, the Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, initiates proceedings against Mr. Doe. In this process, the Authority exercises its powers similar to a civil court:

  • They summon Mr. Doe to appear before them to answer questions regarding his financial activities and properties.
  • They require Mr. Doe to produce bank statements and property documents that may provide evidence of smuggling proceeds.
  • They accept affidavits from witnesses who have information about Mr. Doe's alleged smuggling operations.
  • They request official records from the land registry office to verify the ownership and history of properties Mr. Doe holds.
  • If a witness resides in a different city, they issue a commission to a local court to facilitate the witness's examination on their behalf.

These powers help the Authority to thoroughly investigate the case and determine if Mr. Doe's properties are liable to be forfeited under the Act.

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