FINAL ORDER

27.08.2024 Dictated by: Rajesh Malhotra Present appeals u/s 68-O of NDPS Act, 1985 are filed by the appellants against the impugned order dated 07.11.2023 vide which the Freezing Order dated 10.10.2023 passed by the SHO, PS- City Rohtak, Haryana was confirmed qua the properties mentioned at serial nos. 1 to 3 which are detailed as under:

2. As per the facts of the case, 3.2 kilograms of Ganja was recovered from the possession of Smt. Bimla w/o Shri Suraj Bhan resident of Kartarpura, District: Rohtak, Haryana on 28.07.2020 and accordingly FIR No. 519/2020 was registered against her for commission of offence punishable u/s 20 of NDPS Act, 1985 at P.S.

City Rohtak, Haryana.

After registration of the said FIR, SHO, City Rohtak conducted financial investigation into the illegally acquired properties of the affected persons and thereafter passed the Freezing Order No. 1122-5A dated 10.10.2023 u/s 68-F(1) of the NDPS Act, 1985 and thereafter matter was referred to the Competent Authority and Administrator, Delhi. Notice dated 13.10.2023 was issued to the affected persons to appear before the Competent Authority on 20.10.2023 to defend their case. On 31.10.2023, the matter was heard by the Competent Authority in the presence of SHO, IO, Parwinder Singh and Shri Gaurav Khurana, Advocate on behalf of the affected persons. After hearing both the sides, the Competent Authority confirmed the Freezing Order qua only the properties at serial no. 1 to 3 as detailed in para no.1 above vide order dated 07.11.2023.

Aggrieved by the said order, appellants challenged the impugned order dated 07.11.2023.

3. During the arguments, Ld. Counsel for the appellants submitted that Smt. Bimla, mother of Sanjay is alleged to be involved in three criminal cases pertaining to NDPS Act, detailed as under;

(i) FIR No. 519 dated 28.07.2020 u/s 20 of NDPS Act for possession of 3.2 kg of Ganja at P.S. City Rohtak.

(ii) FIR No. 674/2023 P.S. City Rohtak u/s 20 of NDPS Act, 1985 for possession of 197 grams of Ganja.

(iii) FIR No. 301 dated 23.05.2018 u/s 20 of NDPS Act at P.S.

City Rohtak for possession of 55 grams of Ganja.

He pointed out that as per Section 68A(1)-

“68-A. Application- (1) The provisions of this Chapter shall apply only to the persons specified in sub-section (2).

(2) The persons referred to in sub-section (1) are the following namely:-

(a) every person who has been convicted of an offence punishable under this Act with imprisonment for a terms of [ten]

years or more;

(b) every person who has been convicted of a similar offence by a competent Court of criminal jurisdiction outside India;

(c) every person in respect of whom an order of detention has been made under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), or under the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988:

Provided that such order of detention has not been revoked on the report of the Advisory Board constituted for the commission of an offence punishable under this Act with imprisonment for a term of t