Law: Control of Narcotics Substances Act, 1997

Section: 19,9(c),14,15,19,37,48

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 19---Forfeiture of assets---Pre-condition---If accused of offence punishable under Control of Narcotic Substances Act, 1997, is sentenced to imprisonment for a term exceeding three years only then Court can order that his assets derivable from trafficking in narcotics substances be forfeited. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9 (c), 14, 15, 19, 37 48---Forfeiture of assets, refusal of---Acquittal---Accused was acquitted by Trial Court and the Court declined to forfeit his assets on the ground that his son and brother were involved in drug trafficking---Validity---Accused was tried for charges under Ss.9, 14 15 of Control of Narcotic Substances Act, 1997, along with other charges but he was not convicted and sentenced by Trial Court for the charge under S.9(c) of Control of Narcotic Substances Act, 1997, nor for abetment of the offence, as envisaged under S.15 of Control of Narcotic Substances Act, 1997---Accused was acquitted by Trial Court from all charges therefore, provisions of S. 37 of Control of Narcotic Substances Act, 1997, were not attracted against him---Authorities filed appeal malafidely against accused only on the ground that his son and brother were also accused in the case---High Court declined to interfere in the order passed by Trial Court as no illegality or material irregularity was pointed out in the order---Appeal was dismissed in circumstances. ORDER This appeal has been filed against order dated 17.03.2010 passed by the learned Judge, Special Court CNS, Lahore, whereby application filed by Muhammad Amjad Ali (respondent No.5) for release of his forfeited property was accepted. 2. As per brief facts of the present case, Muhammad Amjad Ali (respondent No.5) was an accused in case FIR No. 18 dated 15.05.1995 registered at Police Station PNCB District Lahore offences under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979 read with Sections 9/14/15 of the Control of Narcotic Substances Act, 1997 and Sections 324/332 and 353 of P.P.C. In the aforementioned case, Muhammad Amjad Ali (respondent No.5) has admittedly been acquitted by the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492