The State vs Pervaiz Saleem And Other
This matter concerns a petition for leave to appeal against a High Court judgment which set aside a trial court order regarding the forfeiture of a convict's property. The respondent was convicted under Section 9(b) of the Control of Narcotic Substances Act, 1997, for possession of narcotics. Following the conviction, the Director General of the Anti-Narcotics Force (ANF) filed an application for the freezing and forfeiture of the respondent's property under Sections 37, 39, and 19 of the Control of Narcotic Substances Act, 1997. The trial court initially entertained this application, but the High Court subsequently ruled it non-maintainable, holding that the trial court should have ordered the forfeiture at the time of the trial's conclusion. The Supreme Court granted leave to appeal to determine whether the application filed by the Director General was competent and whether the trial court possessed the jurisdiction to entertain such an application post-conviction, particularly while proceedings against co-accused remained pending before the same court. The Court directed the appeal to be fixed for hearing.
- Is an application for forfeiture of property under the Control of Narcotic Substances Act, 1997, maintainable if filed after the conclusion of the trial and conviction of the accused?
- Does a trial court have the jurisdiction to entertain an application for property forfeiture under the Control of Narcotic Substances Act, 1997, after the conviction of the accused but while proceedings against co-accused are still pending?
- Section 39(i), Control of Narcotic Substances Act, 1997
- Section 9(b), Control of Narcotic Substances Act, 1997
- Section 382-b, Code of Criminal Procedure 1898
- Section 37, Control of Narcotic Substances Act, 1997
- Section 39, Control of Narcotic Substances Act, 1997
- Section 19, Control of Narcotic Substances Act, 1997
ORDER
The petitioner seeks leave to appeal against judgment dated March 28, 2005 passed by the learned High Court, Lahore setting aside the order dated February 16, 2004 whereby an application from the Director General, ANF seeking forfeiture of property of the convict-respondent initiated within the contemplation of provisions of Section 39(i) of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as CNSA) has been dismissed.
2. Precisely stated facts of the case are that the respondent confessed guilty under Section 9(b) of the CNSA for keeping in his possession 1 kg. Of heroin. A case in this respect was registered vide F.I.R.
No. 25 of Police Station ANF, Lahore on 5th August, 1998 falling within the meaning of Section 9(b) of CNSA. As a result whereof Trial Court convicted him of sentence of 3 years and 6 months. Benefit under Section 382-b, Cr.P.C, was also extended to him. After the conviction of the respondent,* an application was moved on behalf of the prosecution within the contemplation of Sections 37, 39 read with Section 19 of the CNSA seeking freezing of the property and their forfeiture in favour of the Federal Government. The respondent contended the proceedings, inter alia, objecting the jurisdiction of the Trial Court to entertain the same but the objection was overruled vide judgment dated February 16, 2004 and this order was challenged by respondent No. 4 in the High Court. The learned High Court set aside the order holding that application filed by the prosecution through its Director General was not maintainable because the Trial Court itself should have passed the order for freezing of property at the time of conclusion of the trial.
3. We have heard the learned counsel for both sides and have examined the impugned judgments carefully.
4. Leave to appeal is granted, inter alia, to examine as to whether the application filed by the Director General in terms of Sections 37, 39 read with Section 19 of the CNSA was not competent and the learned Trial Court had the jurisdiction to entertain the same after the conviction of the respondent because as far s the trial of the co- accused is concerned that was still pending for final decision before the same Court against his co-accused. Appeal arising out of this petition be prepared on the same record with liberty to the parties to i.e additional documents, if need be. As a short point is involved in this case, 'therefore the office is directed to fix the appeal in the 1st week of October, 2005. The respondent is directed to attend the Court personally at the time of hearing of the appeal.