1[68J. Burden of proof.– In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under section 68H is not illegally acquired property shall be on the person affected.]
1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989)
Simplified Explanation
Section 68J of the Narcotic Drugs and Psychotropic Substances Act, 1985 places the burden of proof on the person affected to prove that any property specified in the show cause notice issued under Section 68H is not illegally acquired property.
Key Provision of Section 68J:
- Burden on the Affected Person:
- In any proceedings under this Chapter (relating to the forfeiture of illegally acquired property), the person affected by the notice must provide proof that the property in question was lawfully acquired.
- This means that the person must prove that the property was obtained through legitimate means, such as lawful income, earnings, or assets, and is not connected to criminal activity or violations of the Narcotic Drugs and Psychotropic Substances Act.
Purpose and Significance of Section 68J
- Shifting the Burden of Proof: This provision ensures that in cases of property forfeiture, the individual facing the forfeiture has to provide evidence to counter the allegations of illegal acquisition. It is the responsibility of the affected person to prove the legitimacy of the property.
- Legal Strategy: This section serves as an important aspect of the legal framework that helps the competent authority move forward with the forfeiture process without needing to prove the property’s illegality before taking action. The affected person must provide sufficient proof to defend the legitimacy of the property.
- Implications for Affected Individuals: The person facing the forfeiture may need to produce documents, financial records, or other evidence to show that the property was lawfully acquired. Failure to do so may result in the forfeiture of the property to the Central Government.
Practical Implications
- For the Affected Person:
- They must be prepared to show evidence of how the property was acquired (e.g., source of income, documents showing lawful possession).
- It places the onus on them to refute the claim that the property is illegally acquired.
- For Competent Authorities:
- While they do not need to prove the illegality of the property, they must ensure that the affected person is given a fair opportunity to contest the forfeiture.
- For Legal Professionals:
- Legal counsel representing the affected person must focus on gathering and presenting evidence to prove the lawful origin of the property.
This section essentially facilitates the forfeiture process by shifting the responsibility of disproving the illegality of the property to the person against whom the action is taken.
