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2016 Supreme(P&H) 695

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Mahesh Grover
The Hon’ble Mrs. Justice Lisa Gill
LPA No. 373 of 2016 (O&M)
Smt. Rano
v.
Appellate Tribunal & Ors.
{Decided on 27/04/2016}

Advocates:
For the Appellant:Mr. Ashok Giri, Advocate.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985, S.68--Freezing of Property--Section 68A (cc) of the Act does not even remotely talk of conviction or the result of prosecution--The authorities under the Act are enabled to act under this provision against every person, who has been ‘arrested’ or against whom a ‘warrant or authorisation of arrest’ has been issued for the commission of an offence punishable under this Act with imprisonment for a term of ten years or more--The plea that commercial quantity was not recovered from the appellant is inconsequential. (Paras 9 & 10)

       (B) Narcotic Drugs and Psychotropic Substances Act, 1985, S.68--Freezing of Property--Residential house of appellant was freezed--Appellant along with her husband and son are habituated to offences of this kind--Leading to a strong presumption that the house belonging to them must have the foundations of illgotten wealth--Order freezing property upheld. (Para 14)

       

JUDGMENT

Mr. Mahesh Grover, J.:- The appellant impugns the order of the learned Single Judge dated 22.01.2016 questioning the order by which his property (residential house) was ‘freezed’ in terms of Section 68F of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’). The relevant provisions of Section 68A(cc) and (d) of the Act, which would have a bearing on the controversy, are extracted here below:-

(cc) every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this Act with imprisonment for a term of ten years or more, and every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of a similar offence under any corresponding law of any other county.

(d) every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c) [or clause (cc)];

2. Likewise, Section 68Z of the Act in terms of which the appellant seeks release of his property is also extracted here below:

Release of property in certain cases. — (1) Where the detention order of a detenu is set aside or withdrawn, properties seized or frozen under this Chapter shall stand released.

(2) Where any person referred to in clause (a) or clause (b) or clause (cc) of sub-section (2) of section 68A has been acquitted or discharged from the charges under this Act or any other corresponding law of any other country and the acquittal was not appealed against or when appealed against, the appeal was disposed of as a consequence of which such property could not be forfeited or warrant of arrest or authorisation of arrest issued against such person has been withdrawn, then, property seized or frozen under this Chapter shall stand released.]

3. Learned Single Judge had noticed that the entire family of the appellant was involved in many cases under the Act. The details of cases against the appellant, which were also noticed, are extracted herebelow:-

Sr. 

No.

FIR number/year

Under

Section

Police Station and District

Status

1.

182/1993

15/61/85

NDPS Act Nakodar/Jalandhar

Acquittal

2.

111/2000

15/61/85

NDPS Act Nakodar/Jalandhar

Acquittal

3.

56/2005

15/61/85

NDPS Act Nakodar/Jalandhar

Acquittal

4.

73/2007

15/61/85

NDPS Act Nakodar/Jalandhar

Punished for 3 months

5.

259/2008

15/61/85

NDPS Act Nakodar/Jalandhar

Punished for 3 months

6.

49/2008

15/61/85

NDPS Act Nakodar/Jalandhar

Punished for 1½  month

7.

178/2009

15/61/85

NDPS Act Nakodar/Jalandhar

Punished for 10 years alongwith fine of Rs. 1 lac

8.

70/2013

15/61/85

NDPS Act Nakodar/Jalandhar

Pending

9.

206/2014

15/61/85

NDPS Act Nakodar/Jalandhar

Pending

10.

85/2014

15/61/85

NDPS Act Sadar/Nawanshahar

Pending

4. The details of cases against the husband of the appellant are extracted here below:-

Sr.

No.

FIR number/year

Under

Section

Police Station and District

Status

1.

14/1983

15/61/85

NDPS Act Nakodar/Jalandhar

 

2.

173/1983

15/61/85

NDPS Act Nakodar/Jalandhar

 

3.

77/1984

61/1/14

NDPS Act Nakodar/Jalandhar

 

4.

194/1984

61/1/14

NDPS Act Nakodar/Jalandhar

 

5.

312/1984

15/61/85

NDPS Act Nakodar/Jalandhar

 

6.

176/1986

15/61/85

NDPS Act Nakodar/Jalandhar

 

7.

326/1986

61/1/14

NDPS Act Nakodar/Jalandhar

 

8.

452/1986

15/61/85

NDPS Act Nakodar/Jalandhar

 

9.

110/1992

15/61/85

NDPS Act Nakodar/Jalandhar

 

10.

36/1993

15/61/85

NDPS Act Nakodar/Jalandhar

 

11.

50/1993

15/61/85

NDPS Act












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