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2025 Supreme(Online)(ATFP) 296
APPELLATE TRIBUNAL FOR FORFEITED PROPERTY
Sh. Lakshay Jain Ms. Nishi Jain Sh. Pratham Jain & Sh. Santosh Jain v. C.A. Delhi
FPA-ND-48
APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI Shri Lakshay Jain … Appellant Ms. Nishi Jain … Appellant
3. FPA-ND-50/DLI/2024 Shri Pratham Jain … Appellant
4. FPA-ND-51/DLI/2024 Smt. Santosh Jain … Appellant Versus The Competent Authority, New Delhi … Respondent Advocates/Authorized Representatives who appeared For the Appellants : Mr. U.A. Khan, Adv.
Mr. Shahrukh Khan, Adv.
Mr. Tushar Upadhyaya, Adv.
For the Respondent CA : Mr. Vinod Kumar Jha, Adv.
CORAM SHRI G. C. MISHRA : MEMBER SHRI RAJESH MALHOTRA : MEMBER
FINAL ORDER
21.04.2025 Dictated By: Rajesh Malhotra Present appeals u/s 68-O of Narcotic Drugs and Psychotropic Substances, Act, 1985 are filed by the appellants against the order dated 22.12.2023 passed by the Competent Authority vide which Freezing Authority Order dated 23.11.2023 (FAO) passed by the Inspector, Anti- Narcotics Task Force, (Crime Branch), Daryaganj, Delhi held that following properties were acquired by the present appellants from the income earned through Drug Trafficking and thereby it confirmed the same were frozen with direction to restrain from transferring or otherwise dealing with the same in any manner accept with the prior permission of the Competent Authority. The details of the said properties are as under:
Sl. No.
Name of owners
Description of properties
Year of acquisition
Value (in Rs.)
1.
Shri Lakshay Jain, S/o Shri Narender Jain,
Bank Account No. 0163102000038270 in IDBI Bank, Branch: Vikas Surya S. Mall, Plot-18, Sector 3, Manglam Place, Rohini, Delhi.
--
1,14,921
2.
Shri Lakshay Jain, S/o Shri Narender Jain,
Bank Account No. 0163104000251297 in IDBI Bank, Branch: Vikas Surya S. Mall, Plot-18, Sector 3. Manglam Place, Rohini, Delhi.
--
11,311
3.
Shri Vijay Singh (operated by Shri Lakshay Jain)
Bank Account No. 020352000006594 in Yes Bank. Branch: Lajpat Nagar, Delhi.
--
2,93,348
4.
Smt. Santosh Jain, W/o Shri Narender Jain
FD Account No. 919010038184196 in Axis Bank, Branch: 78, Rajendar Nagar, Delhi.
--
22,170 (Deposited) 20,00,000 in this account from Vardhman
5.
Ms. Nishi Jain, D/o Shri Narender Jain
Bank Account No. 40248856948 in State Bank of India, Pushpanjali Branch: B-96. Enclave, Pitampura, New Delhi- 110034.
--
1,32,526
6.
Shri Pratham Jain, S/o Shri Anil Kumar Jain
Bank Account 110082625468 in No. Canara Bank, Branch: 5020 Harsh Vihar, Delhi.
--
23006
2. As per the facts of the case, 200 Grams of Methylenedioxy- Methylamphetamine (MDMA), 1200 Grams of Charas, 2580 Grams of Ganja was recovered from the possession of Sh. Sahil Sharma @ Maxx on 21.08.2023 and accordingly FIR No. 205/2023 dated 22.08.2023 was registered against him for Commission of Offences punishable u/s 20/22/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
During the investigation of the case, on the basis of disclosure statements made by the said accused person Sh. Sahil Sharma @ Maxx and Sh. Tanya Khatri was arrested on 21.08.2023. Further, during the investigation of the case, seven riders/delivery boys of contraband namely Sh. Sachin Upadhayay, Sh. Maan Pratap Singh @ Monu, Sh. Chandan Kumar Mehto (with recovery of 54 Grams of Hybrid Ganja, 02 Grams of MDMA), Sh. Sonu Sharma (with recovery of 53 Grams of Hybrid Ganja, 1.84 Grams of MDMA), Sh. Anshul Gupta, Sh. Sumit Fagna and Sh. Louremban Jicko Meitei (with recovery of 04 Kilograms of Manipuri Ganja), were arrested in the same FIR.
During further investigation of the case, associate of Sh. Sahil Sharma @ Maxx namely Sh. Anand Singh @ Andy was arrested on 09.10.2023 from Goa and he disclosed the name of Sh. Lakshay Jain as the mastermind of this drug syndicate, who procures contraband from USA through courier shipment and the same is delivered to various locations in India. The said recovery is commercial quantity and further according to investigation Sh. Lakshay Jain is the mastermind of drug racket and is a person
