FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADECentral

Section 58E of The Wild Life (Protection) Act, 1972

1[58E. Identifying illegally acquired property.-- (1) An officer not below the rank of Deputy Inspector General of Police duly authorised by the Central Government or as the case may be, the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person.

(2)The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary.
(3)Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf.]

Summary

This section explains how the government finds and proves where illegal property is hidden.
An officer of at least the rank of Deputy Inspector General (DIG) of Police must do the work.
The process starts when the 58D competent authority makes a formal complaint.
Investigation steps can include surveying people and places or checking bank accounts and financial books.
The investigating officer must follow the specific instructions or guidelines given by the competent authority.

Practical examples

1The official appointed under 58D suspects a bird smuggler has hidden money in a foreign bank. He tells a DIG of Police. Under Section 58E of the wildlife Act, the DIG starts an investigation into those bank records.

2Officer Mehra, a DIG, is tasked with finding a poacher's hidden assets. Under Section 58E of the 1972 Act, he conducts a survey of the suspect's properties and checks for any documents showing hidden ownership.

FAQ

1. Who carries out the identification of property under Section 58E of The Wild Life (Protection) Act, 1972?

Section 58E of the 1972 Act states that an officer not below the rank of Deputy Inspector General of Police performs this duty.

2. What triggers an investigation under Section 58E of The Wild Life (Protection) Act, 1972?

An investigation begins when the competent authority (appointed under Section 58D) makes a complaint about someone having illegally acquired property.

3. What powers does an officer have to find property under Section 58E of The Wild Life (Protection) Act, 1972?

Under Section 58E of the 1972 Act, the officer can conduct inquiries, investigations, or surveys of people, places, documents, and books of account in any bank.

Test yourself

Q1.What is the minimum police rank required to identify property under Section 58E of The Wild Life (Protection) Act, 1972?

Q2.Who must provide the complaint that starts a Section 58E investigation under The Wild Life (Protection) Act, 1972?

Q3.Under Section 58E of The Wild Life (Protection) Act, 1972, which of these is NOT listed as something that can be surveyed or investigated?

Q4.According to Section 58E of The Wild Life (Protection) Act, 1972, whose guidelines must the investigating officer follow?

58DPreviousSection 58D Competent authority.58FNextSection 58F Seizure or freezing of illegally acquired property.

←Section 58D Section 58F→