Code
(1) If as a result of the inquiry, investigation or survey under section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.
(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.
Explanation
This section empowers the court to issue a notice to the concerned person, informing them of its intention to forfeit the property involved in the crime. The notice should clearly specify the property to be forfeited, the reason for forfeiture, and the opportunity to present their case before the court.
Illustration
Imagine a case where a person is convicted of drug trafficking, and the police seize a significant amount of cash believed to be proceeds of the crime. The court, upon conviction, may issue a notice to the convict under Section 105G, informing them of the intention to forfeit the seized cash.
Common Questions and Answers
Q: What is the purpose of issuing a notice under Section 105G?
A: The notice serves as a formal communication to the concerned party, informing them about the potential forfeiture of property and granting them a chance to respond before a final decision is made.
Q: Who can issue a notice under Section 105G?
A: The court, after convicting the accused, can issue a notice under this section.
Q: What should the notice contain?
A: The notice must clearly state the property to be forfeited, the reason for forfeiture, and a specific time and date for the hearing where the concerned party can present their case.
