Law: Control of Narcotics Substances Act, 1997

Section: 12,19,39

Control of Narcotic Substances Act (XXV of 1997)--- ---Ss. 12, 19 & 39---Forfeiture of assets of accused---Accused was tried and sentenced in two different cases---Conviction was set aside by High Court and case was remanded to the Trial Court for decision afresh---In the first round, subsequent to conviction of accused, his property was ordered to be forfeited---Appellate Court having set aside conviction of accused, forfeiture order had lost its efficacy---Subsequently when Anti-Narcotic Force moved again the Trial Court, Trial Court without giving any show cause notice to the owners of the property, straightaway, ordered the forfeiture of the property---When the earlier conviction of accused was set aside and fresh order convicting accused was passed by the Trial Court, it was incumbent upon the Trial Court to observe the procedure provided, particularly in S.39 of the Control of Narcotic Substances Act, 1997, if the assets of accused were going to be forfeited, and for satisfaction of the court a detailed inquiry was sine qua non and also a declaration to the effect that the assets/subject-matter of forfeiture were derived, generated or obtained in contravention of S.12 of the Control of Narcotic Substances Act, 1997, was necessary, but the Trial Court had failed either to observe such procedure or to give any declaration as was required under the law---Impugned orders were declared to have been passed without lawful authority and illegal, and were set aside, in circumstances---Matter was remanded by the High Court to the Trial Court for decision afresh of the case of forfeiture of the assets of accused, after adopting all codal formalities. JUDGMENT IBAD-UR-REHMAN LODHI J.---Through the present appeal, appellants-Abdul' Rehman Shanwari, Zia-ur-Rehman, Ibad-ur-Rehman, Hamza and Muhammad Asif have assailed the findings of learned Judge Special Court under the Control of Narcotic Substances, Lahore dated 28-2-2011, whereby the findings earlier arrived at on 21-1-2011 were affirmed and a detailed probe was refused on forfeiture of the property of the appellants... 2. The facts relevant for the purpose of the disposal of this appeal are that appellant No.1…

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