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HIGH COURT OF TELANGANA
N.V.SHRAVAN KUMAR
Gundumalla Venkataiah – Appellant
Versus
Union of India – Respondent
ORDER:
Assailing the legal validity of order vide No.182/SNR/CYB/2024, F.No.OCA/MDS/13/2024-NDPS, dated 20.03.2024 passed by respondent No.2 in exercise of powers under Section 68F(2) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act') confirming the order passed by respondent No.3 dated 20.02.2024, the present writ petition is filed. The relief prayed in this writ petition is to quash the freezing order of the respondent No.2 dated 20.03.2024 and consequently permit the petitioner and his family members to deal with sale transactions/operation of bank accounts in respect of all their movable and immovable properties.
FACTS OF THE CASE:
2. Facts giving rise to file this writ petition as stated in the affidavit are that on 25.12.2023, respondent No.3/Inspector of Police, Shadnagar Police Station has registered a crime against the petitioner in Cr.No.894 of 2023 for the alleged offences under Section 8(C) r/w 22(C) and 29 of NDPS Act on the allegations that there was a search and seizure of two (2) KGs of Alprazolam3NVSK, J W.P.No.298 of 2025substance from a residential building by name “Sakkubai Nilayam", Shadnagar, Ranga Reddy D
The burden of proof lies on the accused to demonstrate that properties are not illegally acquired under the NDPS Act, with the competent authority's findings upheld due to insufficient evidence.
The central legal point established in the judgment is the mandatory nature of the statutory provisions under Section 68-F of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the require....
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.
Acquittal from drug charges leads to mandatory release of seized properties under Section 68Z(2) of the NDPS Act.
The main legal point established in the judgment is that the freezing and forfeiture orders under the NDPS Act must fail if the detention order against the individuals associated with the properties ....
Law permits freezing bank accounts linked to alleged crimes, but proper legal procedure including post-trial confiscation must be followed.
The main legal point established in the judgment is the requirement to follow the procedure laid down under Sec. 102 Cr.P.C and the need for sufficient evidence to support the freezing of a bank acco....
The court balanced the necessity of freezing a bank account linked to alleged illicit drug sales with the need to facilitate the legitimate business operations of the petitioner, allowing conditions ....
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