Freezing and forfeiture of assets

If accused of offence punishable under Control of Narcotic Substances Act, 1997, is sentenced to imprisonment for a term exceeding three years only then Court can order that his assets derivable from trafficking in narcotics substances be forfeited.

Amount lying in the accounts of accused had been improperly seized and confiscated, as the Trial Court failed to inquire properly and adjudicate upon the application filed under S.37 of Control of Narcotic Substances Act, 1997

Trial Court failed to put substance of the allegation to accused; and did not give the accused a chance to show that amount lying in his account was not the proceed of the narcotics

Prima facie, duty of Anti-Narcotics Force Authorities was to collect material to connect the alleged account that was maintained by accused; and showing that same was the result of the proceed of the narcotics; and that he had no other means to earn or deposit the amount

Impugned order being not legal was set aside

Application filed by the Anti-Narcotics Force under S.37 of the Control of Narcotic Substances Act, 1997, would be treated as pending before the Special Judge concerned, who was directed to observe the legal formalities as provided under S.39 of the Control of Narcotic Substances Act, 1997 and to decide the matter in accordance with law.