The Competent Authority, SAFEMA, Mumbai, has the jurisdiction over the States of Gujarat, Goa, Maharashtra, Madhya Pradesh, Chhattisgarh and Union Territories of Daman and Diu and Dadra and Nagar Haveli, for the purposes of the SAFEMA and Chapter-V (A) of the NDPSA.
As provided under the SAFEMA and Chapter-V (A) of the NDPSA, on the basis of reports received from the investigating agencies (such as DRI, Customs, NCB, CBN, Police, etc.), about illegally acquired properties of the persons who are convicted under the Customs Act, 1962, FERA, 1973 and NDPSA and persons against whom the detention order is issued under COFEPOSA or PITNDPS Act, the forfeiture proceedings are initiated by the Competent Authority, by issuing a show-cause notice. During the adjudication process, due opportunity is given to the person(s) affected to produce facts / documents pertaining to the properties under dispute and sources of income / earnings utilized for acquisition of such properties, including the opportunity of personal hearing. On basis of material / evidences placed on record the case is adjudicated. In cases where properties are forfeited, an order u/s 19 of SAFEMA or u/s 68-U of NDPSA is passed, thereafter directing the person affected to hand over the possession of the forfeited properties to the officer nominated by the Competent Authority. The properties so taken into possession are maintained / managed by the Competent Authority under Rules made for this purpose till the litigation is over and thereafter disposed of through open tender, public auction and e.auction.
Under Chapter V (A) of NDPSA, in many cases, before issue of show-cause notice, a freezing order is issued by the investigating agency under section 68-F (1) of the NDPSA and such orders are required to be confirmed by the Competent Authority under section 68-F (2) of the NDPSA within one month from the date of issue of freezing order.
In addition to this, the Competent Authority is also required to defend the cases before the Appellate Tribunal for Forfeited Property, New Delhi when the affected person(s) challenges the forfeiture Order before the Tribunal and before the High Court / Supreme Court.