SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(SC) 1011

S.B.SINHA, V.S.SIRPURKAR
Aslam Mohd. Merchant – Appellant
Versus
Competent Authority – Respondent


Advocates appeared:
For the Appellant :Arvind Savant, Raju Ramchandran and V.A. Mohta, Sr. Advocates, S.V. Pikale, G.S. Pikale, Mahesh Agarwal, Rishi Agrawala, E.C. Agrawala, Amit Kumar Sharma, Saurabh Suman sinha and Nilkanta Nayak, Advocates.
For the Respondents:Vikas Singh and B. Dutta, ASGs., Sunil Roy, Vikas Sharma, B.B. Singh, Arvind Sukla, Arbind Kr. Shukla, G.D. Mishra, Alok Shukla, Parcham Mubarak, Ms. Sushma Suri, Sushil Karanjkar and Ravindra Keshavrao Adsure, Advocates.

Judgement Key Points

Key Points: - The judgment emphasizes that a link must exist between forfeitable property and illegally derived income (Sections 68-F, 68-H, 68-J) (!) (!) (!) - It holds that "reason to believe" and recording of reasons must be based on material before the authority; otherwise, initiation of proceedings is invalid (Section 68-H(1)) (!) (!) (!) - If the show cause notice is illegal or the authority lacks sufficient material, the entire proceeding is vitiated and the appeals may be allowed (non-application of mind; invalid notice) (!) (!) (!) - The decision discusses the need for strict compliance with natural justice and the requirement that reasons be disclosed and scrutinizable (!) (!) - The Court references prior SAFEMA and NDPS jurisprudence establishing nexus and proper initiation requirements, and sets aside challenged judgments for failure to meet these standards (!) (!)

How to determine the necessary links or nexus between forfeitable property and illegally acquired income under the NDPS Act?

What is the meaning and sufficiency of the "reason to believe" and requirement to record reasons for issuing a show cause notice under Section 68-H of the NDPS Act?

What are the consequences if the show cause notice or proceedings are vitiated due to non-application of mind or improper initiation?


Judgment

S.B. Sinha, J. —

INTRODUCTION

1.Interpretation and application of Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the Act”) providing for forfeiture of property derived from or used in illicit traffic, is in question in this batch of appeals which arise out of a Judgment and Order dated 27.11.2002 passed by the High Court of Bombay in Criminal Writ Petition No. 1095 of 2002.

OVERVIEW

2.One Iqbal Mohammed Memon alias Iqbal Mirchi (“Mirchi”, for short) is related to the appellants. aPPELLANT No. 2 is his first wife, Appellant No.3 is second wife, Appellant No. 4, Abdul Kadar Mohd. Merchant, is one of his brothers, Appellant No. 5, Shir Firoz Mohd. Memen, is his second brother whereas Petitioner No. 6, Aslam Mohd. Merchant, is his third brother. Appellant No.7, Nazma Aslam Merchant, is his brother’s wife, Appellant No.8, Zaibunnisa Memon, is his sister and Appellant No. 9, Arij Mohd. Merchant, is the brother-in-law of the said Iqbal Mohammed Memon.

An Order of preventive detention was passed against him for his alleged involvement in illicit trafficking under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 198






























































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top