Law: Control of Narcotics Substances Act, 1997

Section: 7,8,9,15,19,37,37(1)(2)

Law: Control of Narcotic Substances Act, 1997

Section: 9,13,15

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 37 & 19---Freezing of assets---Forfeiture of assets of pre-claimed offender---Scope---Anti-Narcotics Force assailed the order passed by Judge Special Court whereby application by subsequent purchaser of the property in question for discontinuation of freezing of properties was allowed---Validity---Anti-Narcotics Force had freezed the properties on 30/08/2001, whereas it had submitted the application under Ss. 37 & 19, Control of Narcotic Substances Act, 1997 for further freezing before Judge Special Court on 30/04/2002---Application for further freezing was submitted after expiry of 8 months, whereas freezing notice, as per S. 37(2), Control of Narcotic Substances Act, 1997 lost its sanctity after expiry of 7 days---Agreement to sell between proclaimed offender and subsequent purchaser was executed on 18/02/1998--- Properties were transferred in the name of subsequent purchaser by Co-operative Housing Society on 30/05/1998---Accused person was declared to be a proclaimed offender in the year 2001---Entire transaction of purchase/transfer was conducted when no notice of freezing of properties was in field---Impugned order was based on solid reasons and no illegality was pointed out, calling interference by High Court---Appeal was dismissed accordingly. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 37---Freezing of assets---Scope---Order under S. 37(1), Control of Narcotic Substances Act, 1997 of freezing of the assets by the court is in the nature of interim arrangement till forfeiture or release of assets is directed, which is subject to final orders of the court---Section 37(2), Control of Narcotic Substances Act, 1997 directs Director General of Anti-Narcotics Force or authorized person to place freezing notice issued by them for freezing of the assets before the court within seven days and it is the court which has to decide the continuation or otherwise of such freezing notice. Kashif Javed Chaudhary, Special Prosecutor for ANF. THIS JUDGMENT DELIVERED BY: AALIA NEELUM, J.--- Prayer in this appeal is for setting aside the order dated 08.01.2011 passed by learned Judge,…

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