| Citation(s) |
|---|
| 2011 SLG 392 2011 SLD 392 2011 SCMR 1527 |
Supreme Court of Pakistan
Criminal Petitions Nos. 386-L and 376-L of 2011, decision dated: 27-06-2011.(On appeal from the judgment dated 7-4-2011 passed by the Lahore High Court, Lahore in Criminal Appeals Nos. 219 and 357 of 2011)
TASSADUQ HUSSAIN, JILLANI, MIAN SAQIB NISAR AND ASIF SAEED KHAN KHOSA, JJ
A.D. Naseem, Sp. Prosecutor ANF for Petitioners (in Cr. P. No. 386-L of 2011). Iqbal Mahmood Awan, Advocate Supreme Court and Faizur Rehman, Advocate-on-Record for Petitioners (in Cr. P. No. 376-L of 2011). Iqbal Mehmood Awan, Advocate Supreme Court for R
Criminal Petitions Nos. 386-L and 376-L of 2011, decision dated: 27-06-2011.(On appeal from the judgment dated 7-4-2011 passed by the Lahore High Court, Lahore in Criminal Appeals Nos. 219 and 357 of 2011)
TASSADUQ HUSSAIN, JILLANI, MIAN SAQIB NISAR AND ASIF SAEED KHAN KHOSA, JJ
A.D. Naseem, Sp. Prosecutor ANF for Petitioners (in Cr. P. No. 386-L of 2011). Iqbal Mahmood Awan, Advocate Supreme Court and Faizur Rehman, Advocate-on-Record for Petitioners (in Cr. P. No. 376-L of 2011). Iqbal Mehmood Awan, Advocate Supreme Court for R
THE STATE and another
VS
UMER HAYAT and another
Law: Control of Narcotics Substances Act, 1997
Section: 12,39
Law: Control of Narcotics Substances Act, 1997
Section: 12,39
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 12 & 39---Property, forfeiture of---Principle---Forfeiture of property is not automatic---Trial Court has to satisfy that assets in question were derived or generated or obtained in contravention of S.12 of Control of Narcotic Substances Act, 1997, and that too without providing opportunity of hearing not only to accused but also to persons who are "being affected by such order". (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 39---Constitution of Pakistan, Art. 185(3)---Assets, forfeiture of---Property in question was ordered by Trial Court to be confiscated and the order was maintained by High Court---Plea raised by accused was that both the courts below concurrently did not appreciate importance of S.39 of Control of Narcotic Substances Act, 1997, in as much as onus of proving bona fide purchase of property in question was put on the accused without reference to evidence on record---Validity---Leave to appeal was granted by Supreme Court to consider the plea raised. ORDER Criminal Petition No. 386-L of 2011 TASSADUQ HUSSAIN JILLANI, J.---This petition tiled by the State is directed against the judgment dated 7-4-2011 vide which the learned High Court disposed of Criminal Appeal No. 219 of 2011 filed by Umer Hayat, convict, and Criminal Appeal No. 357 of 2011 filed by the State against the judgment dated 19-2-2011 passed by the learned Special Judge (vide main judgment dated 14-2-2000 learned Special Court having tried respondent Umer Hayat under section 9-C of the Control of Narcotic Substances Act, 1997, sentenced him to 14 years' RI and a fine, of Rs. 50,000 (F.I.R. No. 19 dated 22-7-1998 at Police Station Anti Narcotics Force, Lahore under sections 9/15 of Control of Narcotic Substances Act, 1997). The learned trial Court, however, did not confiscate the property bearing No. 76/H (commercial) DHA, Phase-I, LCCHS, Lahore, the forfeiture of which was sought by the prosecution. The learned High Court concurred with the learned trial Court on the ground as under:-- "Plot No. 76-H (Commercial) Phase-I LCCHS, Lahore, is not transferred in favour of the appellant Umer Hayat. This…
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