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[Cites 0, Cited by 1] [Section 8B] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 8B(1) in The Prevention of Corruption Act, Svt. 2006 [Jammu and Kashmir]

(1)If an officer (not below the rank of Superintendent of Police) of the Vigilance Organisation, investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted has been acquired by resorting to such acts of omission and commission which constitute an offence of 'criminal misconduct' as defined under section 5, he shall, with the prior approval in writing of the Commissioner of the organisation, 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:Provided that the Investigating Officer may, at any stage of investigation after registration of F.I.R. in respect of any case under the Act where he has reason to believe that such property is likely to be transferred or otherwise dealt with to defeat the prosecution of the case direct, with the prior approval of the Vigilance Commissioner, that such property shall not be transferred or dealt with for such period, not exceeding ninety days, as may be specified in the order except with the prior approval of the Designated Authority.Explanation. For purposes of this section attachment, shall include temporarily assuming the custody, possession and /or control of such property.