Section 68A:
Application.
1, 2[68A. Application.-- (1) The provisions of this Chapter shall apply only to the persons specified in
sub-section (2).
(2) The persons referred to in sub-section (1) are the following, namely:--
(a) every person who has been convicted of an offence punishable under this Act with
imprisonment for a term of 3[ten] years or more;
(b) every person who has been convicted of a similar offence by a competent court of criminal
jurisdiction outside India;
(c) every person in respect of whom an order of detention has been made under the Prevention of
IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), or under the
Jammu and Kashmir Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act,
1988;
4[(cc) every person who has been arrested or against whom a warrant or authorisation of arrest
has been issued for the commission of an offence punishable under this Act with imprisonment for a
term of ten years or more, and every person who has been arrested or against whom a warrant or
authorisation of arrest has been issued for the commission of a similar offence under any
corresponding law of any other country.]
Provided that such order of detention has not been revoked on the report of the Advisory Board
constituted under the said Acts or such order of detention has not been set aside by a court of
competent jurisdiction;
(d) every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c)
4[or clause (cc);]
(e) every associate of a person referred to in clause (a) or clause (b) or clause (c)
4[or clause (cc);]
(f) any holder (hereafter in this clause referred to as the present holder) of any property which
was at any time previously held by a person referred to in clause (a) or clause (b) or clause (c)
4[or
clause (cc);] unless the present holder or, as the case may be, any one who held such property after
such person and before the present holder, is or was a transferee in good faith for adequate
consideration.]
Notes:
1 Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989).
2. Subs. by Act 16 of 2014, s. 19, for "FORFEITURE OF PROPERTY DERIVED FROM, OR USED, IN ILLICIT TRAFFIC"
(w.e.f. 1-5-2014).
3. Subs. by Act 9 of 2001, s. 31, for "five" (w.e.f. 2-10-2001).
4. Ins. by s. 31, ibid. (w.e.f. 2-10-2001).