The STATE/ANTI-NARCOTICS FORCE vs MERAJ RASOOL S — 2022 YLRN 62 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

The STATE/ANTI-NARCOTICS FORCE VS MERAJ RASOOL S. 31---Notice to person holding property suspected to be acquired by smuggling---Scope---Appellant assailed order of Trial Court whereby it released the property, for which a freezing order was earlier passed---Property was frozen on the information furnished by Inspector, Anti-Narcotics Force that the same was acquired by a drug baron---Contention of appellant was that property was purchased by the drug baron in the name of his wife, who sold the same and with that amount the same was purchased by accused and presently it stood in his name---Validity---Name of accused was not mentioned in the list of associates of the drug baron---Accused was neither pleaded nor proved by the appellant to be a relative or associate of the drug baron, on the contrary, had no criminal record---Appellant had not alleged that accused was the benami owner of the property and had alleged that property was purchased by accused below the market value---No proof was produced for purchasing the property below market value---Purchasing a property below market value was not sufficient to presume that accused had nexus with the drug baron---Property was regularly shown by accused in his tax returns---When no notice was given to accused, no allegation was made against him and even he was not made party in that respect then no question of freezing his property arose---Impugned order was rightly passed by the Trial Court which did not require interference---Appeal was dismissed.

The STATE/ANTI-NARCOTICS FORCE vs MERAJ RASOOL S — 2022 YLRN 62 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported