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Section 21: Forfeiture and attachment of property

The Karnataka Control of Organized Crimes Acts, 2000State Act of Karnataka · Act 1 of 2002

Where a person has been convicted of any offence punishable under this Act, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the State Government, free from all encumbrances.

(a) If upon a report in writing made by an investigating police officer with the approval of the supervisory officer referred to in sub-section (1) of section 14, any Special Court has reason to believe that any person, who has committed an offence punishable under this Act has absconded or is concealing himself so that he may not be apprehended, such Court may, notwithstanding anything contained in section 82 of the Code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the publication of such proclamation:

Provided that if the investigating officer concerned fails to arrest the accused, who has absconded or is concealing himself, within a period of three months from the date of registering the offence against such person, the officer shall, on the expiry of the said period make a report to the Special Court for issuing the proclamation.

(b) The Special court issuing a proclamation under clause (a) may, at any time, order the attachment of any property, movable or immovable or both, belonging to the 14 proclaimed person, and thereupon the provisions of sections 83 to 85 of the Code shall apply to such attachment as if such attachment were made under that Code.

(c) If, within six months from the date of attachment, any person whose property is or has been, at the disposal of the State Government under sub-section (2) of section 85 of the Code, appears voluntarily or is apprehended and brought before the Special Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not received such notice of the proclamation as to enable him to attend within the specified time therein, such property or if the same has been sold, the net proceeds of the same and the residue of the property, shall, after satisfying there from all costs incurred in consequence of the attachment, be delivered to him.

Where this provision sits

ActThe Karnataka Control of Organized Crimes Acts, 2000
Section21
Marginal noteForfeiture and attachment of property
JurisdictionState of Karnataka
StatusIn force as published by the source

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