1095 of 2002.
The same, however, companyld number be served on him as he had left India.
Exhaustive investigations into the properties of the AP1 by various enforcement agencies including the Anti Narcotic Cell, C.B. C.I.D. C.B.I. Mumbai had resulted in issue of freezing orders in respect of 11 properties in the name of AP1 AP3 and 5 others.
The Aps companyld number prove the legality of the sources by which these properties were acquired by them.
The material part of the said show cause numberice is companytained in paragraphs 15 and 16 thereof which read as under Whereas AP1 had been absconding since the issue of the detention order and is reportedly living in England with AP3.
9, Arij Mohd.
Some more properties, however, were directed to be released opining that they did number companye within the purview of the defeinition of illegally acquired properties.
Causes were shown pursuant thereto.
The said order of detention is still operative.
Writ Petitions preferred thereagainst by the appellants have been dismissed by the High Court by reason of the impugned judgment, holding that the proceedings were validly initiated against them.
aPPELLANT No.
4, Abdul Kadar Mohd.
Opportunities of hearing were also afforded.
6, Aslam Mohd.
A pre execution writ petition filed on his behalf was dismissed.
Appellants being his relatives in terms of Section 68H of the Act were issued with numberices directing them to show cause as to why the properties mentioned therein should number be forfeited being illegally acquired properties.
An order of preventive detention was passed against him for his alleged involvement in illicit trafficking under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 for short the PITNDPS on or about 29.9.1994.
Merchant, is one of his brothers, Appellant No.
Memen, is his second brother whereas Petitioner No.
Merchant, is his third brother.
Merchant, is the brother in law of the said Iqbal Mohammed Memon.
2 is his first wife, Appellant No.3 is second wife, Appellant No.
5, Shir Firoz Mohd.
OVERVIEW One Iqbal Mohammed Memon alias Iqbal Mirchi Mirchi, for short is related to the appellants.
The Appellate Tribunal on appeals having been preferred thereagainst by the appellants by a companymon order dated 26.7.2002 affirmed the said findings.
Appellant No.7, Nazma Aslam Merchant, is his brothers wife, Appellant No.8, Zaibunnisa Memon, is his sister and Appellant No.
Whereas some of the properties belonging to the appellants were directed to be forfeited, some were released.
The said Iqbal Mirchi is, thus, a person within the meaning of Section 68A C of the Act.
B. SINHA, J INTRODUCTION Interpretation and application of Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short, the Act providing for forfeiture of property derived from or used in illicit traffic, is in question in this batch of appeals which arise out of a judgment and order dated 27.11.2002 passed by the High Court of Bombay in Criminal Writ Petition No.
Four properties were directed to be forfeited seven were released.
