HEENA KAUSAR Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Validity of the proviso appended to Section 68C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is in question in this appeal which arises out of a judgment and order dated 27.11.2002 passed by a Division Bench of the High Court of Judicature at Bombay.

(2.) The basic fact of the matter is not in dispute.

(3.) Appellant herein is wife of one Iqbal Mohammed Memon. An order of detention was passed against him under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PINDPS Act) by the State of Marharashtra. Allegedly, both the appellant and her husband left India in or about the year 1991. Appellant has not yet come back to India. Her husband admittedly had not been taken incustody pursuant to the order of detention. Admittedly again, Appellant has several properties in her name. A proceeding was initiated against her in terms of Chapter V-A of the Act, wherefor, she was served with a show cause notice dated 9.5.1995 asking her to furnish the proof and/or source of income and/or the channels from which the assets being Flat Nos.501 and 502A along with stilt parking No.19 in Milton Apartments at Juhu Tara Road, Santacruz (W) had been acquired as also to show cause why the said properties should not be held to be "illegally acquired properties" and forfeited by the Central Government under the Act.