The STATE/ANTI NARCOTIC FORCE vs Agha MEHMOOD UL HASSAN HARAVI Ss — 2024 PCrLJ 713 KARACHI-HIGH-COURT-SINDH |

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The STATE/ANTI NARCOTIC FORCE VS Agha MEHMOOD UL HASSAN HARAVI Ss. 32 & 33---Notice to person holding properties suspected to be acquired by smuggling---Order of Special Judge---Scope---Application filed by Anti-Narcotics Force for forfeiture of properties/assets of respondents involved in smuggling of narcotics---Said application was dismissed by the Court---Validity---After the enactment of the Control of Narcotic Substances Act, 1997, Sections 12 and 13 stipulated that it was an offence to knowingly possess, acquire or use any assets derived or obtained by means of smuggling of prohibited narcotic, and that such assets were liable to forfeiture---Said offence was triable exclusively by the Special Court appointed under the Control of Narcotic Substances Act, 1997---As per Ss. 19 & 39 of the Control of Narcotic Substances Act, 1997, the order for forfeiting assets of the offender and persons holding assets on his behalf is also to be passed by the Special Court---Section 76 of the Control of Narcotic Substances Act, 1997, has overriding effect---Thus, after the enactment of the Control of Narcotic Substances Act, 1997, where the allegation is that an asset held by a person is the fruit of smuggling narcotics and liable to forfeiture, proceedings can only be taken under the Control of Narcotic Substances Act, 1997, and Ss. 30 & 31 of the Prevention of Smuggling Act, 1977, has no application nor the Special Judge appointed under the Prevention of Smuggling Act, 1977, has any jurisdiction---In other words, Ss. 30 & 31 of the Prevention of Smuggling Act, 1977, can only be invoked where smuggling of goods other than narcotic is alleged therefore, application moved by the Anti Narcotic Force under S. 31 of the Prevention of Smuggling Act, 1977 after the enactment of the Control of Narcotic Substances Act for forfeiting assets allegedly acquired/held by means of smuggling narcotics, was not maintainable to begin with---Entire proceedings before the Special Court being coram non judice were quashed---Appeal was disposed of accordingly.

The STATE/ANTI NARCOTIC FORCE vs Agha MEHMOOD UL HASSAN HARAVI Ss — 2024 PCrLJ 713 KARACHI-HIGH-COURT-SINDH

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