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Union of India - Section

Section 3 in The Criminal Law (Amendment) Ordinance, 1944

3. Application for attachment of property

(1)Where the [State Government or, as the case may be, the Central Government] [[Substituted by Act 49 of 1988, Section 29, for "State Government" (w.e.f.
9.9.1988).]], has
reason to believe that any person has committed (whether after the commencement of this Ordinance or not) any scheduled offence, the [State Government or, as the case may be, the Central Government] [Substituted by Act 49 of 1988, Section 29, for "State Government" (w.e.f. 9.9.1988).]may, whether or not any Court hastaken cognizance of the offence, authorise the making of an application to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides or carries on business, for the attachment, under this Ordinance of the money or other property which the [State Government or, as the case may be, the Central Government] [[Substituted by Act 49 of 1988, Section 29, for "State Government" (w.e.f.
9.9.1988).]] believes the said person to
have procured by means of the offence, or if such money or property cannot for any reason be attached, or other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property.
(2)The provisions of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall apply to proceedings for an order of attachment under this Ordinance as they apply to suits by the Government.
(3)An application under sub-section (1) shall be accompanied by one or more affidavit, stating the grounds on which the belief that the said person has committed any scheduled offence is founded, and the amount of money or value of other property believed to have been procured by means of the offence. The application shall also furnish
(a)any information available as to the location for the time being of any such money or other property, and shall, if necessary, give particulars, including the estimated value, of other property of the said person;
(b)the names and addresses of any other persons believed to have or to be likely to claim, any interest or title in the property of the said person.