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Forfeiture of Illegally Acquired Assets of Drug Traffickers: The Position in India

NCJ Number
Bulletin on Narcotics Volume: 35 Issue: 2 Dated: (April-June 1983) Pages: 41-48
B B Gujral
Date Published
8 pages
Traditional enforcement techniques aimed only at the carriers and confiscation of seized contraband no longer offer a sufficient deterrent to those trafficking in drugs and other related crimes.
The huge funds generated by illegal drug trafficking have a devastating effect on official and political corruption, illicit arms trading, smuggling of goods, and currency trafficking. The Smugglers and Foreign- Exchange Manipulators (Forfeiture of Property) Act of 1976 was enacted in India to provide for the forfeiture of property and assets of smugglers. This legislation enables enforcement officers to confiscate all property, both movable and immovable, illegally acquired or accumulated, or for which investment is made from unlawful earning derived from smuggling and foreign exchange racketeering. Property held in the names of relatives and associates is also covered. The Act includes a provision of appeal to the Appellate Tribunal for Forfeited Property. During the last six years, forfeiture action has been initiated in 2,297 cases covering property valued at approximately $US 40 million. 6 references. (Author abstract modified)