GOVERNMENT OF TAMILNADU
PUBLIC (S.C.) DEPARTMENT

Letter No.SR.I/1037-J/94 Dated: 29-9-1994.

FORT ST. GEORGE, MADRAS – 600 009. Dated: 29-9-1994.

From
Thiru N. Haribhaskar, I.A.S.,
Chief Secretary to Government.

To
All District Collectors.
The Director General of Police, Madras.
The Inspector General of Police (Intelligence), Madras.
The Commissioners of Police, Madras, Madurai and Coimbatore.
 

Sir,

Sub :  Effective action under the provisions of the “Smugglers and Foreign Exchange
           Manipulators (Forfeiture of Property) Act, 1976” and the “Narcotic Drugs and
           Psychotropic      Substances Act, 1985” – Co-operation
           by the State Administration and Police machinery - Instructions – Issued.

Ref :  From the Additional Secretary to Government of India, Ministry of Finance,
          Department of Revenue, New Delhi, D.O. letter No. F.No.2(27) C.A./HDL/93 dated 9.9.1994.
 

The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 and the Narcotic Drugs and Psychotropic Substances Act, 1985 were enacted with a view to curb serious economic offences entrusted therein. Under these two statutes there are provisions for the forfeiture of illegally acquired properties by an officer of the rank of Joint Secretary to Government of India designated as Competent Authority, (SAFEMFOPA & NDPSA), stationed at Ahamadabad, Bombay, Calcutta, Delhi, Lucknow and Madras.

The Government of India have observed that a large number of the offenders proceeded against under these two Acts have their illegally acquired properties in small villages in remote areas and it is sometimes difficult for this reason to conduct enquiries and investigation pertaining to them. The Government of India have also observed that it is still more difficult to take possession of the forfeited properties because of the criminal propensity and background of the persons concerned. Therefore, the Government of India have sought the co-operation of the District and Police Administration as it will be of immense help in dealing with these elements.
Though the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act could not be effectively implemented so far on account of stay granted by various Courts and Supreme Court in a number of cases, the judgment of the Supreme Court dated 12.5.94 in the case of Attorney General of India vs. Amrat Lal Prajivandas and others, etc. has cleared the hurdles in the way of effective implementation of this deterrent statutes.

Following this, the Competent Authorities set up for this purpose have started their work. The Government of India have informed that the Competent Authorities, Deputy Directors, Assistant Directors and Inspecting Officers may visit and contact from time to time the District and Police Administration and other higher, and lower authorities for necessary assistance in ensuring implementation of these Statutes.

Whenever the Competent Authorities and their subordinates contact or approach the District Revenue or police authorities they should be given necessary assistance to effectively implement the provisions of the said Acts. I am therefore, to request that suitable instructions may be issued to the subordinate officers in this regard.

Please acknowledge receipt of this letter.

Yours faithfully,
Sd./-29.09.94
For Chief Secretary to Government.

COPY TO:-
The Addl. Secretary to Government of India, FINREV, New Delhi.
The Competent Authority, SAFEMFOPA, ‘Uthsav’, 64/1, G.N.Chetty Road, T.Nagar, Madras-17.
The Secretary to Government, Home Department, Madras-9.
The Public (L&O-D) Department, Madras-9.
The Home (P&E) Department, Madras-9.