Seizure and confiscation procedures under FCRA: inventory, magistrate certification, CrPC compliance and adjudication safeguards. Seizure powers allow authorised gazetted officers to seize articles, currency or securities believed to be in contravention of the Act; seized items must ... Summary
Seizure and confiscation procedures under FCRA: inventory, magistrate certification, CrPC compliance and adjudication safeguards.
Seizure powers allow authorised gazetted officers to seize articles, currency or securities believed to be in contravention of the Act; seized items must be forwarded to a designated officer who prepares an inventory for Magistrate certification, and that certified inventory is primary evidence. Seizures follow CrPC principles where consistent. Confiscation may be adjudged after finding contravention: the Court of Session has unlimited jurisdiction while an authorised judicial officer may adjudicate within a notified value threshold; adjudicators may order confiscation, delivery to claimants or disposal, but only after giving the person a reasonable opportunity to represent.
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