Section 5:
Attachment of property.
(1) The Director or any other officer authorised by the Director, not
below the rank of Deputy Director, may, with the permission of the Special Court, attach any property
mentioned in the application under section 4 by an order in writing in such manner as may be
prescribed.
(2) Notwithstanding anything contained in sub-section (1) or section 4, the Director or any other
officer, not below the rank of Deputy Director, authorised by the Director, may, by an order in
writing, at any time prior to the filing of the application under section 4, attach any property––
(a) for which there is a reason to believe that the property is proceeds of crime, or is a property
or benami property owned by an individual who is a fugitive economic offender; and
(b) which is being or is likely to be dealt within a manner which may result in the property
being unavailable for confiscation:
Provided that the Director or any other officer who provisionally attaches any property under this
sub-section shall, within a period of thirty days from the date of such attachment, file an application
under section 4 before the Special Court.
(3) The attachment of any property under this section shall continue for a period of one hundred
and eighty days from the date of order of attachment or such other period as may be extended by the
Special Court before the expiry of such period.
(4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable
property attached under sub-section (1) from such enjoyment.
Explanation.—For the purposes of this sub-section, the expression "person interested", in relation
to any immovable property includes all persons claiming or entitled to claim any interest in the
property.