to believe that any person has custody of any property which is being used or is intended to be used for the purpose of such terrorist organisation, he may, by an order in writing, seize or attach such property.
(3) The investigating officer shall duly inform the Designated Authority within forty-eight hours of the seizure or attachment of such property.
(4) It shall be open to the Designated Authority before whom the seized or attached properties are produced either to confirm or revoke the order of attachment so issued:
- Provided that an opportunity of making a representation by the person whose property is being attached shall be given.
(5) In the case of immovable property attached by the investigating officer, it shall be deemed to have been produced before the Designated Authority, when the investigating officer notifies his report and places it at the disposal of the Designated Authority.
(6) The investigating officer may seize and detain any cash to which this Chapter applies if he has reasonable grounds for suspecting that—
- (a) it is intended to be used for the purposes of terrorism;
- (b) it forms the whole or part of the resources of an organisation declared as terrorist organisation under this Act.
- Provided that the cash seized under this sub-section by the investigating officer shall be released not later than the period of forty-eight hours beginning with the time when it is seized unless the matter involving the cash is before the Designated Authority and such Authority passes an order allowing its retention beyond forty-eight hours.
Explanation.—For the purposes of this sub-section, "cash" means—
- (a) coins and notes in any currency;
- (b) postal orders;
- (c) traveller's cheques;
- (d) banker's drafts; and
- (e) such other monetary instruments as the Central Government or, as the case may be, the State Government may specify by an order made in writing.
(7) Any person aggrieved by an order made by the Designated Authority may prefer an appeal to the Special Court and the Special Court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property.
Forfeiture of proceeds of terrorism. 8. Where any property is seized or attached on the ground that it constitutes proceeds of terrorism and the Special Court is satisfied in this regard under sub-section (7) of section 7, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached, is prosecuted in a Special Court for an offence under this Act.
Issue of show cause notice before forfeiture of proceeds of terrorism. 9. (1) No order forfeiting any proceeds of terrorism shall be made under section 8 unless the person holding or in possession of such proceeds is given a notice in writing informing him of the grounds on which it is proposed to forfeit the proceeds of terrorism and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter.
(2) No order of forfeiture shall be made under sub-section (7), if such person establishes that he is a bona fide transferee of such proceeds for value without knowing that they represent proceeds of terrorism.
(3) It shall be competent for the Special Court to make an order in respect of property seized or attached,—-
