1[68Z. Release of property in certain cases. — (1) Where the detention order of a detenu is set aside or withdrawn, properties seized or frozen under this Chapter shall stand released.
(2) Where any person referred to in clause (a) or clause (b) or clause (cc) of sub-section (2) of section 68A has been acquitted or discharged from the charges under this Act or any other corresponding law of any other country and the acquittal was not appealed against or when appealed against, the appeal was disposed of as a consequence of which such property could not be forfeited or warrant of arrest or authorisation of arrest issued against such person has been withdrawn, then, property seized or frozen under this Chapter shall stand released.]
1 Ins. by Act 9 of 2001, s. 38 (w.e.f. 2-10-2001).
Simplified Explanation
Section 68Z addresses the release of property that has been seized or frozen under this Chapter. It outlines specific circumstances under which such property will be released from the custody of the authorities.
Key Provisions of Section 68Z:
- Subsection (1) – Release Following Withdrawal of Detention Order:
- If the detention order of a detenu (a person detained) is set aside or withdrawn, the property seized or frozen under this Chapter will be released.
- This ensures that if the legal grounds for detention are no longer valid, the assets previously seized in connection with that detention will also be returned.
- Subsection (2) – Release Following Acquittal or Withdrawal of Charges:
- If a person referred to in section 68A(2) (who may have been involved in the acquisition of illegally obtained property) is acquitted or discharged from charges related to the offense under this Act or any similar law, then the seized or frozen property will be released.
- This release occurs under two conditions:
- If the acquittal has not been appealed against, or
- If the appeal has been disposed of, resulting in the acquittal standing.
- Additionally, if a warrant of arrest or authorization for arrest against such a person is withdrawn, the property will also be released.
Implications of Section 68Z:
- Protection of Property Rights:
- The section ensures that innocent individuals or those who have been acquitted or discharged from criminal charges are not unfairly deprived of their property.
- It balances the interest of justice by returning property once the legal basis for its detention or freezing has been removed.
- Fairness in Proceedings:
- This provision guarantees that property is not unduly held if there is a legal exoneration (whether through acquittal or lack of further legal action). This upholds the principle that property rights should not be infringed without sufficient cause.
- Legal Process and Remedies:
- If a person is acquitted or charges are withdrawn, this section ensures that their property is not retained under suspicion if no legal grounds exist for its continued seizure or freezing.
- It also covers cases where charges are dropped or appeals fail to uphold the seizure or forfeiture.
Example:
- Case 1: If an individual’s detention under this Chapter is overturned (i.e., the detention order is set aside), any property seized in connection with that detention will be immediately released to the individual.
- Case 2: If someone involved in a case under this Act is acquitted, and no further appeal is filed, any property seized due to the accusation will be returned. Similarly, if the warrant of arrest against the person is withdrawn, the seized property will also be released.
Conclusion:
Section 68Z ensures that property seized or frozen under this Chapter is fairly returned to individuals in cases where legal proceedings are resolved in their favor. It provides for the release of property in cases of acquittal, discharge, or the withdrawal of charges, helping to protect the rights of individuals once the legal justification for holding their property is no longer valid.
