Section 21:
Retention of records.
1[21. Retention of records.--(1) Where any records have been seized, under section 17 or section 18
or frozen under sub-section (1A) of section 17 and the Investigating Officer or any other officer
authorised by the Director in this behalf has reason to believe that any of such records are required to be
retained for any inquiry under this Act, such records may if seized, be retained or if frozen, may continue
to remain frozen, for a period not exceeding one hundred and eighty days from the day on which such
records were seized or frozen, as the case may be.
(2) The person, from whom records seized or frozen, shall be entitled to obtain copies of records.
(3) On the expiry of the period specified under sub-section (1), the records shall be returned to the
person from whom such records were seized or whose records were ordered to be frozen unless the
Adjudicating Authority permits retention or continuation of freezing of such records beyond the said
period.
(4) The Adjudicating Authority, before authorising the retention or continuation of freezing of such
records beyond the period specified in sub-section (1), shall satisfy himself that the records are required
for the purposes of adjudication under section 8.
(5) After passing of an order of confiscation 2[or release under sub-section (5) or sub-section (6) or
sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60], the Adjudicating Authority
shall direct the release of the records to the person from whom such records were seized.
(6) Where an order releasing the records has been made by the Court 3
[Adjudicating Authority under
sub-section (5) of section 21], the Director or any other officer authorised by him in this behalf may
withhold the release of any such record for a period of ninety days from the date of 4[receipt of] such
order, if he is of the opinion that such record is relevant for the appeal proceedings under this Act.]
Notes:
1. Subs. by Act 2 of 2013, s.16, for sections 20 and 21 (w.e.f. 15-2-2013).
2 Subs. by s. 149, ibid., for "under sub-section (5) or sub-section (7) of section 8" (w.e.f. 14-5-2015).
3. Subs. by s. 149, ibid., for certain words, brackets, figures and letters (w.e.f. 14-5-2015).
4. Ins. by s. 149, ibid. (w.e.f. 14-5-2015).