Section 32: Order of Special Judge

32. Order of Special Judge.___ (1) The Special Judge may, after considering the explanation, if any, to the notice issued under section 31 and the evidence recorded or produced before him, and after giving the relative or associate of such person, in case a copy of the notice has also been served on him, a reasonable opportunity of being heard, by an order, record a finding whether the property to which the notice relates is property acquired by smuggling. (2) Where the Special Judge is satisfied that any of the properties mentioned in the notice issued under section 31 are properties acquired by smuggling but he is not able to specifically identify such property, then it shall be lawful for him to specify the properties which, to the best of his judgement, are properties acquired by smuggling and to record a finding accordingly under sub-section (1). (3) Where a Special Judge records the finding under subsection (1) that any property is property acquired by smuggling, he shall declare that such property shall, subject to the provisions of this Chapter, stand forfeited to the Federal Government and vest in that Government free from all encumbrances. (4) Where an order of forfeiture of property passed under sub-section (3) is in respect of any share in a company registered under the Companies Act, 1913 (VII of 1913), then the company shall, notwithstanding anything contained in that Act or its memorandum or articles of association, forthwith register the Federal Government as transferee of such shares.

Effective date: 1977-01-01

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