Enquiry into the character of acquisition of property by Special Court

§19

Summary

(1) If the District Magistrate is not satisfied with the representation made under section 18, he shall refer the matter with his report to the Special Court, having jurisdiction for deciding whether the property or any part thereof was or was not acquired by or as a result of the commission of a scheduled offence. (2) On receipt of the reference under sub-section(1), the Special Court shall fix a date of enquiry and give notices thereof to the person making the representation and the State. On the date so fixed, or on any subsequent date to which the enquiry may be adjourned, the Special Court shall hear the parties, receive evidence produced by them, take such further evidence as it consider necessary and decide the reference. (3) For the purposes of enquiry under sub-section (2), the Special Court shall have the power of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely,— (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of documents ; (c) receiving evidence on affidavits ; (d) requisitioning any public record or copy thereof from any court or office ; (e) issuing commission for examination of witness or documents ; (f) dismissing a reference for default or deciding it ex parte ; (g) setting aside an order of dismissal for default or an order passed by it ex parte ; (h) any other matter which may be prescribed. (4) In any proceeding under this section the burden of proving that the property or any part thereof mentioned in the representation under section 18 was not acquired by or as a result of the commission of a scheduled offence shall be on the person claiming the property notwithstanding anything contained in the Indian Evidence Act, 1872.

(1) If the District Magistrate is not satisfied with the representation made under section 18, he shall refer the matter with his report to the Special Court, having jurisdiction for deciding whether the property or any part thereof was or was not acquired by or as a result of the commission of a scheduled offence. (2) On receipt of the reference under sub-section(1), the Special Court shall fix a date of enquiry and give notices thereof to the person making the representation and the State. On the date so fixed, or on any subsequent date to which the enquiry may be adjourned, the Special Court shall hear the parties, receive evidence produced by them, take such further evidence as it consider necessary and decide the reference. (3) For the purposes of enquiry under sub-section (2), the Special Court shall have the power of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely,— (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of documents ; (c) receiving evidence on affidavits ; (d) requisitioning any public record or copy thereof from any court or office ; (e) issuing commission for examination of witness or documents ; (f) dismissing a reference for default or deciding it ex parte ; (g) setting aside an order of dismissal for default or an order passed by it ex parte ; (h) any other matter which may be prescribed. (4) In any proceeding under this section the burden of proving that the property or any part thereof mentioned in the representation under section 18 was not acquired by or as a result of the commission of a scheduled offence shall be on the person claiming the property notwithstanding anything contained in the Indian Evidence Act, 1872.

← Previous Section Next Section →

Explore this Chapter