Report No. 258

M. Clause 12

Analysis and comment:

5.13.1 The Commission has recommended that the definition of the term "contracting State" be deleted from clause 2(1)(c) (see clause 2 above). For the purpose of this provision, therefore, the term "contracting State" should be replaced with "concerned State", which will be interpreted appropriately as required by the circumstances. The provision will also be renumbered, in accordance with the revised draft.

5.13.2 Suggested draft:

13. Attachment, seizure and confiscation, etc. of property in a concerned State or India.

(1) Where the property is suspected to be in a concerned State, the Special Judge, on an application by an officer authorised by the Central Government, may issue a letter of request to a court or an authority in the concerned State for execution of attachment or confiscation of the property in the concerned State.

(2) Where a letter of request is received by the Central Government from a court or an authority in a concerned State requesting attachment or confiscation of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence under section 3 or section 4 committed in that concerned State, the Central Government may forward such letter of request to the Special Judge for execution in accordance with the provisions of this Act.

(3) The Special Judge shall, on receipt of a letter of request under sub-section (2), direct any authority to take all steps necessary for tracing and identifying such property.

(4) The steps referred to in sub-section (3) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

(5) Any inquiry, investigation or survey referred to in sub-section (4) shall be carried out by an authority mentioned in sub-section (3) in accordance with such directions issued in accordance with the provisions of this Act.