Law: Control of Narcotics Substances Act, 1997

Section: 12,19,37,39,68,39,40

Law: Constitution of Pakistan, 1973

Section: 4,12,23,24

Law: Anti Narcotics Force Act, 1997

Section: 6(5)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 40----Anti-Narcotics Force Act (III of 1997), S. 6(5)---Constitution of Pakistan, Art. 12---Forfeiture of assets of person convicted abroad---Protection against retrospective punishment---Control of Narcotic Substances Act, 1997 had no retrospective effect and was only prospective in nature---General principle was enshrined in Art. 12 of the Constitution, which provided that no law would authorize the punishment of a person for an act or omission that was not punishable by law at the time of the act or omission---Exception to such general rule might exist, but the same were rare and generally applied when the retrospective effect had been provided specifically in the statute, being a clear manifestation of the intention of the Legislature---Section 1 of Control of Narcotic Substances Act, 1997 specifically stated that the Act would come into force at once on the date of passing of the Act, which was 11th July, 1997, and as such, there was no intention on part of the Legislature for the Act to be retrospective---Control of Narcotic Substances Act, 1997 was, therefore, applicable to offences committed under the Act after date of its passing---Property in question, having been purchased 11 years before the conviction of the respondent by the foreign court, had no nexus to offence related to offences committed after 1997; therefore, the property was not subject to forfeiture in favour of the Federal Government under S. 40 of Control of Narcotic Substances Act, 1997. Khan Asfanyar Wali Khan v. Federation of Pakistan PLD 2001 SC 607; Mst. Sarwar Jan v. Mukhtar Ahmed PLD 2012 SC 217; Lt.-Gen. (Rtd.) Jamshed Gulzar v. Federation of Pakistan 2014 SCMR 1504 and Haji Nawab Din v. The State PLD 1996 Lah. 304 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 40 & 39----Anti-Narcotics Force Act (III of 1997), S. 6 (5)---Forfeiture of assets of person convicted abroad---Laches, principle of---Applicability---Delay in initiation of forfeiture proceedings---Effect---Time period permissible for applying for forfeiture proceedings---No application for forfeiture was moved before the Special…