Section 68A of The Narcotic Drugs and Psychotropic Substances Act, 1985 in hindi
1, 2[68A. Application.-- (1) The provisions of this Chapter shall apply only to the persons specified in sub-section (2).
- (2)The persons referred to in sub-section (1) are the following, namely:--
- (a)every person who has been convicted of an offence punishable under this Act with imprisonment for a term of 3[ten] years or more;
- (b)every person who has been convicted of a similar offence by a competent court of criminal jurisdiction outside India;
- (c)every person in respect of whom an order of detention has been made under the Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), or under the Jammu and Kashmir Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988; 4[(cc) every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this Act with imprisonment for a term of ten years or more, and every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of a similar offence under any corresponding law of any other country.] Provided that such order of detention has not been revoked on the report of the Advisory Board constituted under the said Acts or such order of detention has not been set aside by a court of competent jurisdiction;
- (d)every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c) 4[or clause (cc);]
- (e)every associate of a person referred to in clause (a) or clause (b) or clause (c) 4[or clause (cc);]
- (f)any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) or clause (c) 4[or clause (cc);] unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration.]
Summary
- This section defines who is subject to the property forfeiture rules under Chapter VA of the 1985 drug act.
- It applies to anyone convicted of a drug offense carrying a prison term of ten years or more, whether in India or abroad.
- It covers individuals detained under specific illicit traffic prevention laws, provided their detention was not revoked or set aside.
- It includes people who have been arrested, or have outstanding arrest warrants, for drug offenses carrying a ten year or more prison term in India or under similar foreign laws.
- It extends these forfeiture rules to the relatives and associates of any of the primary targets.
- It applies to any current holder of property previously owned by a target, unless they bought it in good faith for a fair and adequate price.
Practical examples
FAQ
1. Who does Chapter VA on property forfeiture apply to under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985, Chapter VA applies to persons convicted or arrested for drug offenses with ten or more years of imprisonment, their relatives, their associates, and certain subsequent holders of their property.
2. Does Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985, apply to foreign convictions?
Yes, Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985, applies to persons convicted of a similar drug offense by a competent court of criminal jurisdiction outside India.
3. Are relatives of arrested drug offenders subject to property forfeiture under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Yes, under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985, relatives of persons arrested or holding warrants for offences punishable with ten years or more of imprisonment are subject to these provisions.
4. What happens to property transferred to another person under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985, any property previously held by a specified offender is subject to forfeiture unless the current holder acquired it in good faith for adequate consideration.
Test yourself
Q1.Under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985, what is the minimum term of imprisonment for an offence in India that makes a convicted person subject to property forfeiture?
Q2.Under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985, a detention order under which of the following Acts triggers the application of property forfeiture?
Q3.Under Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985, if a person is currently holding a piece of land that was previously owned by an arrested drug smuggler, how can they prevent their land from being targeted for forfeiture?
Q4.Let us look at how Section 68C, which prohibits holding illegally acquired property, connects with Section 68A of the Narcotic Drugs and Psychotropic Substances Act, 1985. To which of the following individuals does the prohibition on holding illegally acquired property under Section 68C apply?