Properties seized under NDPS Act must be released upon acquittal if no appeal exists against that acquittal.

ORDER

30.01.2025 The present appeal is preferred against the order of the Competent Authority and Administrator, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 and Narcotics Drugs & Psychotropic Substance Act, 1985 (Ld. CA), dated 31.08.2021 wherein the immovable/movable properties of the Appellants have been seized/freezed.

2. The Appellanthas also filed an Application for the Condonation of Delay (CoD). The application for CoD is taken up for hearing.

3. Heard both sides and perused the application and reply filed by the parties. In the application for CoD, it is specifically mentioned by the Appellant that he came to know about the order on 07.08.2023 and subsequently, the concerned police officer supplied the copy of the order which was received by the Appellant. This vital submission though refuted by the Respondent Competent Authority (Respondent CA) in their reply, have not come up with any specific date when the impugned order was served on the Appellant nor any acknowledgment of service is filed. In such circumstances, the contention raised by the Respondent CA cannot be accepted as it is the primary duty of the Respondent CA to produce the copy of acknowledgement, which was not produced. Therefore, we accept the contention of the Appellant. The Appeal is filed on 21.08.2023 i.e. within the stipulated period of 45 days. Since, there is no delay in filling in Appeal, the Application for CoD is disposed of.

4. The Appeal is taken up for hearing. It is revealed from the record that consequent upon the recovery of 200 Kilograms of Poppy Husk from the house of Shri Jarnail Ram @ Jaily, S/o Shri Jeet Ram, R/o Village: Grupa. PS: Aur, District: Shaheed Bhagat Singh Nagar, Punjab, a case FIR No. 52 dated 22.03.2001 was registered against him under Section 15/61 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act, 1985) by the Station House Officer, Police Station: Sardar Nawanshahar, District: Shaheed Bhagat Singh Nagar, Punjab (Station House Officer). He was arrested in the case on 22.03.2001. Shri Jarnail Ram @ Jaily was convicted by the court of Shri Balvir Singh, Judge Special Court, Nawanshahar on 07.10.2003 and sentenced to undergo Rigorous Imprisonment (R.I.) for a period of 10 years and fine of Rs.1,00,000. Shri Jarnail Ram @ Jaily (Appellant no. 1/AP-1) is a person covered under section 68A(2)(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 . Smt. Sukhjit Kaur (not an Appellant in the present Appeal) is the wife of AP-1, Shri Gurchart Singh (Appellant no. 2 in the present Appeal) is the son of AP-1 and Smt. Seema (Appellant no. 3 in the present Appeal) is the daughter-in-law of AP-1. Appellant no. 2&3 being the relative of Appellant no. 1 are covered under section

68A(2)(d) of the NDPS Act, 1985.

5. The Station House Officerconducted the financial investigation in to the illegally acquired properties of the APs as defined u/s 68B(g) of the NDPS Act, 1985 has passed a freezing order No. 356-5P dated 02.08.2021 u/s 68F(1) of the NDPS Act, 1985, whereby certain immovable /movable properties have been seized/freezed and it has been ordered that the properties shall not be transferred/sold/purchased or otherwise dealt with, unless permission is received either from the Station House Officeror the Ld. CA. The Station House Officer observed on the basis of the financial investigation that these properties have been acquired by the Apellant no. 1 in his name and in the name of his relatives out of illegal income through drug trafficking.

6. The Ld. CA held that after going through the investigation done by the Station House Officer and also on the basis of documents on record, that the immovable/movable properties freezed/seized by the Investigating Officer are “illegally acquired properties” in terms of clause (g) of section 68B of the Act, and the same is likely