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You said:
What is the seizure procedure of cash gound from accused in ndps case by central government
ChatGPT said:
ChatGPT
In cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in India, when the central government agencies (such as the Narcotics Control Bureau or other authorized agencies) seize cash suspected to be linked to drug-related offenses, specific procedures are followed to ensure compliance with the law. These procedures aim to establish a legal trail and protect the integrity of evidence.
Procedure for Seizure of Cash in NDPS Cases:
Identification of Suspicious Cash:
During searches conducted under Section 42 (search of premises, vehicles, etc.) or Section 43 (search in public places), if cash is found along with drugs or if it is suspected to be proceeds of drug trafficking, it is seized.
Preparation of Seizure Memo (Panchnama):
A detailed seizure memo is prepared at the spot.
The memo includes details such as the amount seized, denominations of currency notes, and the circumstances of the seizure.
Independent witnesses (panchas) are typically present during the seizure process, and their signatures are obtained on the panchnama.
Filing an FIR/Case Registration:
A case is registered under the NDPS Act, linking the cash to the offense.
The accused may be charged under relevant provisions of the NDPS Act, particularly Section 27A (financing illicit traffic) or other sections related to proceeds of narcotic crimes.
Deposition of Cash in Treasury:
The seized cash is deposited in the government treasury or an authorized bank account as per the guidelines laid down in Section 52A of the NDPS Act and related rules.
This ensures the safekeeping of cash as evidence and prevents tampering.
Property Disposal under Section 68:
If the seized cash is proven to be proceeds of drug trafficking, it may be confiscated by the competent authority after a proper trial and adjudication process.
The confiscation is subject to verification of the cash's connection to narcotics-related activities under Chapter V-A (Proceeds of Crime).
Evidence Handling and Admissibility:
The cash seizure must comply with the Code of Criminal Procedure (CrPC) and the NDPS Act to ensure its admissibility in court.
Authorities must maintain a proper chain of custody and ensure documentation of the seizure process.
Trial and Adjudication:
During the trial, the prosecution must prove that the seized cash is linked to drug trafficking or financing of narcotics crimes.
If proven, the court may order permanent confiscation under the NDPS Act.
Key Considerations:
Authorized Officials: Only officers empowered under the NDPS Act (e.g., NCB, Customs, DRI) can seize such cash.
Documentation: Proper recording of seizure details is crucial to avoid challenges in court.
Legal Safeguards: The accused has the right to contest the seizure and prove that the cash is unrelated to the drug offense.
This process ensures that the seizure of cash is carried out in a lawful, transparent, and accountable manner while safeguarding the rights of the accused.
You said:
Ask question in legal forum asking what is the procedure of seizure of dollars or other currency by DRI?
As allegedly 500 US dollars were recovred from the accused and whatsapp chats were found bethwwen the accused and other co-accused who directed the accused to take delivery of bag containing commercial quantity of heroin from the other co-accused who was arrested at airport
There is mention of 500 US dollars only in statement of the accused and not anywhere else.
Section 50 cannot be invoked as the accused voluntarily gave envelop containing dollars to DRI.
KINDLY REMOVE THE AMOUNT OF DOLLARS IN THE QUESTION
ChatGPT said:
ChatGPT
Here’s a revised version of your question for a legal forum:
Question:
What is the procedure for the seizure of foreign currency (e.g., US dollars) by the DRI in cases under the NDPS Act?
In a case involving alleged drug trafficking, foreign currency (US dollars) was reportedly recovered from the accused. The accused's statement and WhatsApp chats with co-accused suggest involvement in taking delivery of a bag containing a commercial quantity of heroin. The co-accused was arrested at the airport. However, the mention of foreign currency is only in the accused's statement and is not reflected elsewhere in the case documents.
Additionally, Section 50 of the NDPS Act is not applicable as the accused voluntarily handed over an envelope containing the foreign currency to the DRI.
What are the specific procedures for such seizures, and how should the authorities esta blish the connection between the foreign currency and the offense?
I am unable to find judgments specifically dealing with foreign currency in such cases. In other judgments, the source of the currency is often established through receipts or valid reasons for possession. How should authorities establish the connection between the foreign currency and the offense in such cases? Can someone provide references to relevant judgments or the proper legal procedures in such situations?
