2020 P Cr (PLP)

AALIA NEELUM, J.

Prayer in this appeal is for setting aside the order dated 08.01.2011 passed by learned Judge, Special Court CNS, Lahore through which the application filed by the respondent No. 2 for discontinuation of freezing of properties No. 343/G and 344/G Model Town Scheme No. I Wazirabad Road Sialkot, was allowed.

2. The facts leading to filing of this appeal can be briefly summarized as under:- On 30th April 2002, the appellant submitted a complaint under sections 37(2) and 19 of the Control of Narcotic Substances Act, 1997 for further freezing of the properties/assets of Abdul Majid Butt-respondent No. 1 who was proclaimed offender in following cases: FIR No. 11, dated 21.03.1995, registered under sections 9, 13, 15 of the Control of Narcotic Substances Ordinance, 1995 read with sections 3/4, PEHO. FIR No. 20 dated 25.05.1997 registered under sections 9, 15 of the Control of Narcotic Substances Act, 1997. FIR No. 48 dated 19.12.1997 registered under sections 9, 15 of the Control of Narcotic Substances Act, 1997. FIR No. 01 dated 09.01.1998, registered under sections 9, 15 of the Control of Narcotic Substances Act, 1997. FIR No. 10 dated 29.04.1998 registered under sections 7, 8, 9, 15 of the Control of Narcotic Substances Act, 1997. All registered at Police Station A.N.F. Lahore.

3. The appellant issued notice to the Secretary, Model Town Co-operative Housing Building Society Limited, Sialkot City on 21st May, 1998 regarding plot No. 593/G in the name of Abdul Majid Butt-respondent No.1 and also direction was issued to the above said Secretary to provide information/documents of above said plot.

4. The appellant also issued notice to the Secretary, Model Town Co-operative Housing Building Society Limited, Sialkot City on 30th August, 2001 regarding plots Nos. 343/G and 344/G Model Town Scheme No. 1 Wazirabad Road Sialkot and a Bungalow built on both the plots held in the name of Fazal Azeem Bhatti-respondent No.2 by Abdul Majid Butt-respondent No.1.

5. Thereafter, the appellant submitted application under sections 37 and 19 of the Control of Narcotic Substances Act, 1997 for further freezing before the learned Judge Control of Narcotic Substances on 30th April, 2002 for freezing of the plots Nos. 343/G and 344/G Model Town Scheme No. 1 Wazirabad Road Sialkot and a Bungalow built thereon along with other properties/assets of Abdul Majid Butt-respondent No.l. During pendency of above said application, the respondent No. 2 moved an application under section 37 of the Control of Narcotic Substances Act, 1997 for de-freezing of the plots Nos. 343/G and 344/G Model Town Scheme No. 1, Wazirabad Road Sialkot and a Bungalow built thereon, which was accepted by the learned Special Judge, Control of Narcotic Substances, Lahore on 08th January, 2011. Hence instant appeal.

6. We have heard the arguments advanced by the learned counsel for the parties and have minutely perused the record available on the file.

7. Admittedly, first notice issued by the appellant to the Secretary, Model Town Co-operative Housing Building Society Limited, Sialkot City on 21st May, 1998 was regarding plot No. 593/G in the name of Abdul Majid Butt-respondent No.1 and received in the office of the respondent No.3 on 25.05.1998. After approximately two years, the appellant through notice dated 21st February, 2001 called the respondent No.5 to attend the inquiry/investigation in connection with the assets of Abdul Majid Butt-respondent No.1 and freezing notice regarding the plots Nos. 343/G and 344/G Model Town Scheme No. 1 Wazirabad Road Sialkot and a Bungalow built thereon was issued on 30.08.2001. Whereas, the appellant submitted application under Sections 37 and 19 of the Control of Narcotic Substances Act, 1997 for further freezing before the learned Judge Control of Narcotic Substances on 30th April, 2002 for freezing of the plots Nos. 343/G and 344/G Model Town Scheme No. 1 Wazirabad Road Sialkot and a Bungalow built thereon along with other properties/assets of Abdul Majid Butt-respondent No.

1. The scheme of section 37 of the Control of Narcotic Substances Act, 1997 makes it clear that the said provisions are related to freezing of assets etc. of any person who acquired assets through illicit involvement in narcotics. The order under section 37(1) of the Control of Narcotic Substances Act, 1997 of freezing of the assets by the court is in the nature of interim arrangement till forfeiture or release of assets is directed, which is subject to final orders of either forfeiture or release of the property by the court. Whereas, under section 37(2) of the Control of Narcotic Substances Act, 1997 the Director General of Anti-Narcotics Force (ANF) or authorized person has to place freezing notice issued by them for freezing of the assets before the court within seven (7) days and it is the court which has to decide continuation or otherwise of such freezing notice. In the instant case the appellant submitted above said application for further freezing before the learned Judge Control of Narcotic Substances for freezing of the plots Nos. 343/0 and 344/G Model Town Scheme No, 1 Wazirabad Road Sialkot and a Bungalow built thereon along with other properties/assets of Abdul Majid Butt-respondent No.l. on 30th April, 2002. The application was ' submitted after expiry of eight (8) months. Whereas as per section 37(2) of the Control of Narcotic Substances Act, 1997 after expiry of seven days freezing notice loses its sanctity. The learned counsel for the appellant remained enable to rebut aforesaid legal effect of non-approaching court within seven (7) days of issuing freezing notice.

8. Besides, agreement-to-sell was executed by and between the parties i.e. the respondent No. 2 and Abdul Majid Butt-respondent No.1 in respect of plots Nos. 343/G and 344/G Model Town Scheme No. 1 Wazirabad Road Sialkot on 18.02.1998. Thereafter, the respondent No.2 applied for permission to purchase the plots Nos. 343/G and 344/G through transfer after payment of charges on 18.02.1998 and through resolution No. 3(2) dated 30.05.1998 of Model Town Co-operative Housing Building Society membership of the Society was allowed. Thereafter the plots Nos. 343/G and 344/G Model Town Scheme No.1 Wazirabad Road Sialkot were transferred in the name of the respondent No. 2 vide resolution Nos. 7(4) and 7(5) dated 30.05.1998 through reference No. 3792 of Managing Committee of Model Town Co-operative Housing Building Society. Whereas, admittedly the appellant freezed the plot No. 593-G only on 21.05.1998 and Model Town Co-operative Housing Building Society received notice in this regard on 26.05.1998. Even the appellant had not enquired about the assets of Abdul Majid Butt-respondent No.1 in term of Section 38 of the Control of Narcotic Substances Act, 1997 from the Secretary Model Town Co-operative Housing Building Society in the year 1998. It is also admitted fact that Abdul Majid Butt-respondent No.1 was declared proclaimed offender in the year 2001. So, the entire transaction of purchase/transfer was taken when no notice of freezing plots Nos. 343/G and 344/G Model Town Scheme No. 1 Wazirabad Road Sialkot was in Field and Abdul Majid Butt-respondent No.1 was not declared proclaimed offender.

9. After going through the impugned order, we are of the view that the same is based upon solid reasons. No illegality had been pointed out calling for interference by this Court in the order impugned herein.

10. In the light of above, we find no substance in the appeal and the same is accordingly dismissed. SA/S-44/L Appeal dismissed.