APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI FPA-ND-718/CHN/2023 Smt. K. Packiyam … Appellant Versus The Competent Authority, Chennai … Respondent Advocates/Authorized Representatives who Argued For the Appellant: Mr. S. Mohamed Ansar, Mr. R. Raja Selvan, Advocates, For the Respondent: Ms. Megha Dixit, Advocate.

CORAM SHRI BALESH KUMAR : MEMBER SHRI RAJESH MALHOTRA : MEMBER

FINAL ORDER

27.11.2025 Dictated by: Rajesh Malhotra Present Appeal under Section 68-O of the Narcotic Drugs &

Psychotropic Substances Act, 1985 (NDPS) is filed by the Appellant against the impugned order dated 21.09.2023 passed by the Competent Authority, Chennai, wherein, the Freezing Order dated 29.06.2018 passed by the Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai was confirmed. The details of the properties of the present Appellant are as under:

2. As per the facts of the case, on 25.07.2017, 147.50 Kg of Ganja/

Marijuana was seized from (1) Smt. K. Packiyam, (2) Shri M. Thirumurugan and (3) Shri S. Balamurugan, at Vanagaram toll plaza along with one vehicle bearing no. TN 06H 8365. The abovementioned persons were arrested for offence punishable under the provision of NDPS Act, 1985 and lodged in Central Prison, Puzhal on 26.07.2017. Smt. K.

Packiyam was arrested under Section 8(c) r.w. 20(b), 25, 27(A), 28 & 29 punishable under Sections 20(b)(ii)(C), 25, 27-A, 28 & 29 of NDPS Act.

During the course of investigation, the Intelligence Officer, NCB, Chennai Zonal Unit, Chennai found that that the Appellant, Smt. K. Packiyam, is a habitual/repeated offender and was involved in many other cases as under:

i) Arrested by Visakhapatnam Railway Police with 15 Kg of ganja and was in jail for 2 months under NDPS Act and is on bail in the case;

ii) Three cases for NDPS Act with Silaiman Police Station, Madurai with CC No. 260/2011, 119/2011 and 244/2012 and facing trial before the Hon’ble Court at Madurai;

iii) Two cases with CC No. 114/2013 & 57/2016 under NDPS Act booked by NIB, Madurai, Tamil Nadu and;

iv) One case with CC No. 2482/2017 under NDPS Act booked by E3, Anna Nagar, Police Station, Madurai.

The Intelligence Officer, NCB, also informed that the above person was arrested under NDPS Act for offences punishable with an imprisonment for 10 years or more vide CC No. 4 of 2018.

Accordingly, financial investigation was conducted by the Intelligence Officer, NCB, which revealed that the Appellant Smt. K. Packiyam, had acquired the properties mentioned at para no. 1 above out of illicit money of drug trafficking in narcotic drugs over a period of time since 2011, as she did not have adequate source of licit income which may account for the acquisition of the above immovable properties.

Thereafter, the Intelligence Officer, in exercise of its powers conferred by the NDPS Act, 1985, passed a Freezing Order dated

29.06.2018 for freezing/seizing the aforementioned properties.

Thereafter, the Competent Authority sent a notice dated 02.07.2018 through Superintendent, Special Prison for Women, Puzhal to the AP to appear before the Competent Authority on 17.07.2018 and defend her case. On the said date, the Appellant on one day parole appeared before the Competent Authority. Later on, the Advocate for the Appellant filed written submission on 24.07.2018 with Income Certificate dated 26.08.1999 issued by HQ. Deputy Tehsildar showing a monthly agricultural income of Rs. 3,000/-. The said income certificate was stated to be procured by the Appellant in order to obtain loan from the bank.

Accordingly, on the basis of material available on record, the Competent Authority confirmed the Freezing Order dated 29.06.2018 vide its impugned order dated 25.07.2018.

Subsequent to the aforesaid proceedings, after the conviction of the Appellant/accused in two cases vide judgment dated 27.05.2022 & 19.01.2023, the Competent Authority initiated the Forfeiture proceedings by issuing notice dated 17.08.2023. Thereafter, after hearing the parties and on the basis of material