9911796707
TMI Blog1992 (3) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... eing in possession of narcotics valued at Rs. 5 lakhs. The appellant is the owner of shop No. 64 (ground floor), Heera Panna, Shopping Complex, Bhulabhai Desai Road, Bombay-400 026. During investigation of the case against the appellant, the Senior Inspector of Police, Narcotics Cell, Bombay, exercising his powers under section 53 of the Act, directed the freezing of the shop tinder section 68F(1) of the Act which has been confirmed by the Competent Authority, Bombay, under section 68F(2). The appellant has assailed the order of freezing of the shop in the present appeal. Learned counsel for the appellant has argued that the appellant is not covered under any of the category of persons specified in sub-sec tion (2) of section 68A of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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and Psychotropic Substances Act, 1988 (j and K Act XXIII of 1988') ; Provided that such order of detention has not been revoked on the report of the Advisory Board constituted under the said Acts or such order of detention has not been set aside by a court of competent juris diction (d) every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c) .1 (e) every associate of a person referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar that the appellant cannot be termed a " person " covered by any of the definition of " person " specified in sub-section (2) of section 68A and, therefore, is not an " affected person to whom these provisions of Chapter V-A shall apply. Section 68E which is contained in Chapter V-A of the Act deals with the identification of illegally acquired properties. The relevant part of this section reads 68E. Identifying illegally acquired property. (1) Every officer empowered under section 53 and every officer-in-charge of a police station, shall, on receipt of information that any person to whom this Chapter applies has been charged with any offence punishable under this Act, whether committed in India or outside, proceed to take all steps nec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cealed, transferred or dealt with in any manner which will result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such pro perty, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned : Provided that the competent authority shall be duly informed of any order made under this sub-section and a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. (2) Any order made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with an offence punishable under the Act should be brought within the ambit of the provisions contained in Chapter V-A including section 68E and section 68F. It could not be the intention of the Legislature that sections 68E and 68F should only apply to such persons who are first covered under section 68A(2) and are again charged with an offence punishable under the Act. The Appellate Tribunal should, therefore, interpret the provisions contained in sections 68E and 68F in a manner that even a person strictly not covered under section 68A(2) should be within the reach of the authorities under sections 68E and 68F. Learned counsel has cited the case of Tinsikhia Electric Supply Co. Ltd. v. State of Assam [1989] 3 SCC 709 ; AIR 1990 SC 123 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hardly possible to render such an interpretation in view of the clear law enacted by the Legislature. There is no ambiguity in the existing law which needs to be rectified by rendering a particular interpretation. The freezing of property under section 68F read with section 68E is a procedural step which may ultimately result in forfeiture thereof or otherwise. The property of a person who is not covered by the provisions of Chapter V-A of the Act cannot be forfeited. If the property of a person cannot be forfeited, it would be anomalous to hold that it can be frozen under section 68F read with section 68E. The contention of Shri Sethna, therefore, cannot be upheld. In view of the discussion above, the appeal is allowed and the order A free ..... X X X X Extracts X X X X X X X X Extracts X X X X
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