Identifying unlawfully acquired property
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Summary
When the court wants property traced as likely unlawfully acquired, it can order a police officer of not less than Sub-Inspector rank to take all necessary steps to trace and identify it. Those steps can include inquiries, investigations or surveys of persons, places, assets, documents and bank or financial records. Any such work must be carried out following the court's directions.
Example
Priya says her neighbour used stolen money to buy a shop. The court directs a police officer not below the rank of Sub-Inspector to trace and identify the shop and the funds, including examining bank records and account books. The officer must follow the court's directions while carrying out the inquiries.
Bare Act
Enacted text(1) The Court shall, under Sub-Section (1), or on receipt of a letter of request under Sub-Section (3) of section 105C, direct any police officer not below the rank of Sub-Inspector of Police to lake all steps necessary for tracing and identifying such property.
(2) The steps referred to in Sub-Section (1) 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.
(3) Any inquiry, investigation or survey referred to in Sub-Section (2) shall be carried out by an officer mentioned in Sub-Section (1) in accordance with such directions issued by the said Court in this behalf.
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