Disposed

FPA-ND-64/DLI/2016 of Som Pal v/s The Competent Authority, Delhi

ATFP20 Sept 2018FPA-ND-64/DLI/2016

Case brief

AI extract

What is this about?

This order addresses an application to quash forfeiture of property under Section 68(c) of NDPS Act, 1985. The court held that property acquired prior to six years of arrest cannot be attached. It directed the appellant to file evidence proving acquisition date and use within four weeks.

What did the court decide?

Documents were directed to be filed within four weeks to establish acquisition date and residence.

FPA-ND-64/DLI/2016 of Som Pal v/s The Competent Authority, Delhi — Narcotics (NDPS) | ATFP (2018)

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI

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MP-ND-150/DLI/2016 (COD) & FPA-ND-64/DLI/2016 Som Pal … Appellant/Applicant Versus The Competent Authority, Delhi … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Vinod Malhotra, Advocate For the respondent : Shri D.S. Bisht, Joint Commissioner CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

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ORDER 20.09.2018

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FPA-ND-64/DLI/2016

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The attached property was purchased in 1995. FIR was registered

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in 2011 and the son of the appellant was arrested.

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The learned counsel for the appellant has referred section under

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68(c) of NDPS Act, 1985 which reads as under:

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“Prohibition of holding illegally acquired property:-

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(1) As from the commencement of this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf.

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(2) Where any person holds any illegally acquired property in contravention of the provisions of subsection(1), such property shall be liable to be forfeited to the Central Government in accordance with the provisions of this Chapter.

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[Provided that no property shall be forfeited under this Chapter if such property was acquired, by a person to whom this Act applies, before a period of six years from the date he was arrested or against whom a warrant or authorization of arrest has been issued for the

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FPA-ND-64/DLI/2016

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commission of an offence punishable under this Act or from the date the order or detention was issued, as the case may be.]”

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In the case provision of Section 68(c) if read in a meaningful manner it is evident that incase the accused is arrested by the police under offence of NDPS Act, 1985 than if the property is acquired prior to six years of the date of arrest than such property cannot be attached. In support of his submissions the learned counsel for the appellant has filed the documents including the ration card issued on 1^st February, 2000 as well as copy of the electricity bill. The counsel for the appellant states that family of the appellant is still residing at the premises and he will be producing the some more latest documents in order to show the same is under use. We have heard Mr. Bisht on behalf of the respondent. Let the documents be filed within four weeks.

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List on 30^th October, 2018.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra)

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Member

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New Delhi, 20^th September, 2018

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‘d’

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FPA-ND-64/DLI/2016

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FPA-ND-64/DLI/2016 of Som Pal v/s The Competent Authority, Delhi

Case brief

What is this about?

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FPA-ND-64/DLI/2016 of Som Pal v/s The Competent Authority, Delhi

Case brief

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