1[68G. Management of properties seized or forfeited under this Chapter.– (1) The Central Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint secretary to the Government) as it thinks fit, to perform the functions of an Administrator.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 68F or under section 68-I in such manner and subject to such conditions as may be prescribed.
(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government.]
1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989)
Simplified Explanation
Section 68G of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with the management of properties that are either seized or forfeited under Chapter VA (relating to the forfeiture of illegally acquired property). This section outlines the administrative framework for handling such properties to ensure they are managed effectively and disposed of as necessary.
Key Provisions of Section 68G
- Appointment of Administrators (Subsection 1):
- The Central Government is empowered to appoint officers (not below the rank of a Joint Secretary) to act as Administrators for managing seized or forfeited properties.
- The appointment is made through an official order published in the Gazette.
- This ensures that only senior officers with adequate experience and authority are entrusted with this responsibility.
- Role and Functions of Administrators (Subsection 2):
- The Administrator is responsible for receiving and managing the property related to:
- Seizure orders issued under Section 68F(1), or
- Forfeiture orders under Section 68-I.
- Management of the property must adhere to the conditions and procedures prescribed by the Central Government.
- This provision ensures that the property is maintained and safeguarded during legal proceedings or until further orders.
- The Administrator is responsible for receiving and managing the property related to:
- Disposal of Forfeited Property (Subsection 3):
- The Administrator is required to take measures, as directed by the Central Government, to dispose of forfeited properties.
- This step includes actions such as:
- Auctioning the property.
- Transferring it to governmental use.
- Any other method prescribed by the Central Government.
- Disposal ensures that forfeited assets do not remain unutilized and may contribute to public revenue or welfare.
Purpose of Section 68G
- Efficient Management: Assigns responsibility to experienced officers for managing seized or forfeited properties, ensuring they are not neglected or misused.
- Streamlined Processes: Lays down clear roles and responsibilities for the handling and disposal of such properties.
- Asset Utilization: Enables the government to repurpose or liquidate forfeited assets, contributing to the fight against narcotics trafficking and related crimes.
Key Features
- Centralized Oversight: The Central Government retains control over the process, ensuring uniformity in handling properties.
- Regulated Management: Administrators must follow prescribed rules and procedures, ensuring transparency and accountability.
- Preventing Deterioration: By appointing administrators, the Act ensures that seized properties do not deteriorate or lose value during the legal process.
Practical Implications
- For Law Enforcement: Provides a structured mechanism for the transition of property management from enforcement agencies to designated administrators.
- For Legal Systems: Ensures that properties tied to illegal activities are managed with legal and administrative accountability.
- For Society: Helps convert forfeited properties into assets that can support public programs or government revenue.
