The court upheld the seizure of properties under the NDPS Act, emphasizing the necessity of demonstrating a direct link between properties and illegal narcotics activities for forfeiture.

JUDGMENT :

Tirthankar Ghosh, J. :

Petitioners approached this Court with the following prayers: -

“a) A writ of and/or in the nature of Mandamus commanding the Respondent Nos. 1 to 4 and their men, agents, subordinates, superiors and successors in office and each one of them to forbear from giving any effect and/or further effect to the impugned order dated 25-08-2025 ( Annexure "P-4" of this writ petition) and an impugned notice dated 26-08-2025 ( Annexure "P-5" to this writ petition) in any manner whatsoever and to recall, rescind, withdraw and cancel the impugned order dated 25-08-2025 ( Annexure "P-4" of the writ petition and the impugned notice dated 26-08-2025 (Annexure "P-5" of the writ petition) forthwith;

b) A writ of and/or in the nature of Certiorari directing the respondents concerned and their men, agents, subordinates, superiors and successors in office and each one of them to forthwith transmit, certify and produce all the relevant papers, documents and records including the impugned order dated 25- 08-2025 (Annexure "P-4" to the writ petition) and the impugned notice dated 26-08-2025 (Annexure "P-5" to the writ petition) and do conscionable justice by quashing the same;

c) A writ of and/or in the nature of Prohibition forbidding the respondents concerned and their men, agents, subordinates, superiors and successors in office and each one of them not to take any steps, action, measure in pursuant to the impugned order dated 25-08-2025 02 (Annexure "P-4" of the writ petition) and the impugned notice dated 26-08-2025 (Annexure "P-5" of the writ petition) in any manner whatsoever;

d) A Rule NISI in terms of prayer (a), (b) and (c) above and to make the Rule absolute if no cause and/or insufficient cause is shown in reply thereto;

e) An interim order restraining the respondents and their men, agents, subordinates, superiors and successors in office and each of them not to take any steps, action and measure pursuant to the impugned order dated 25-08-2025 (Annexure "P-4" of the writ petition) and the impugned notice dated 26-08-2025 (Annexure P-5" of the writ petition) in any manner whatsoever and further, an interim order directing the respondents concerned to release the bank accounts, lift the freeze on the bank accounts and/or lift the hold on the bank accounts of the petitioners ( Annexure "P-8" of the writ petition) forthwith and/or to pass any order/orders, direction/directions as your Lordship may deem fit and proper.”

Mr. Maitra, learned Senior Advocate appearing for the petitioners challenged the order dated 25.08.2025 passed by the Officer-in-Charge, Jibantala Police Station as also the intimation dated 26.08.2025 issued by the Competent Authority and Administrator, Kolkata. By the order dated 25.08.2025 the Officer-in-Charge freezed/seized the properties of the petitioners under Section 68 -F (1) read with -E of the Narcotics Drugs & Psychotropic Substances Act, 1985 contending the same to be illegally acquired properties.

In order to fortify his argument learned Senior Advocate appearing for the petitioners submitted that the genesis of the order relates to Jibantala P.S. Case No. 147 of 2014 dated 18.03.2014 under Sections 21 /29 of the NDPS Act. It was argued that the name of petitioner No. 1 appeared on the basis of statement of a co-accused, which is inadmissible evidence without any evidentiary value and the petitioner was unfortunately charge-sheeted in connection with the said case. It was further argued that the subject matter of the case related to 10 (ten) grams of heroin which is an intermediate quantity and the prescribed punishment under the said provisions do not attract any of the Sub-Sections of Section 68 -A of NDPS Act, thereby calling for such coercive measures undertaken by the Officer-in-Charge.

Attention of the court was drawn to Section 21 (b) of the NDPS Act:

“(b) where the contravention involves quantity, less