Section -7 Prevention Of Terrorism Act 2002

Prevention Of Terrorism Act 2002

 

7. Powers of investigating officers and appeal against order of Designated Authority.

 

(1) If an officer (not below the rank of Superintendent of Police) investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the Prior approval in writing of the Director General of the Police of the State in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom-the properties seized or attached are produced and a copy of such order shall be served on the person concerned. –

 

(2) For the removal of doubts, it is hereby provided that where an organisation is declared as a terrorist organisation under this Act and the investigating officer has reason to believe that any person has custody of any property which is being used or is intended to be used for the purpose of such terrorist organisation, he may, by an order in writing, seize or attach such property.

 

(3) The investigating officer shall duly inform the Designated Authority within forty-eight hours of the seizure or attachment of such property.

 

(4) It shall be open to the Designated Authority before whom the seized or attached properties are produced either to confirm or revoke the order of attachment so issued:

 

Provided that an opportunity of making a representation by the person whose property is being attached shall be given.

 

(5) In the case of immovable property attached by the investigating officer, it shall be deemed to have been produced before the Designated Authority, when the investigating officer notifies his report and places it at the disposal of the Designated Authority.

 

(6) The investigating officer may seize and detain any cash to which this Chapter applies if he has reasonable grounds for suspecting that-

 

(a) It is intended to be used for the purposes of terrorism;

 

(b) It forms the whole or part of the resources of an organisation declared as terrorist organisation under this Act:

 

Provided that the cash seized under this sub-section by the investigating officer shall be released not later than the period of forty-eight hours beginning with the time when it is seized unless the matter involving the cash is before the Designated Authority and such Authority passes an order allowing its retention beyond forty-eight hours.

 

Explanation.-For the purposes of this sub-section, “cash” means-

 

(a) Coins and notes in any currency;

 

(b) Postal orders;

 

(c) Traveller’s cheques;

 

(d) banker’s drafts; and

 

(e) Such other monetary instruments as the Central Government or, as the case may be, the State Government may specify by an order made in writing.

 

(7) Any person aggrieved by an order made by the Designated Authority may prefer an appeal to the Special Court and the Special Court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property.

 

 

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Prevention Of Terrorism Act 2002

 

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