LIPI CINEMA PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE second petitioner and his family members had purchased Lipi cinema Hail (hereinafter the said Hall) from one Rashmoni Devi (hereafter rashmoni) in the year 1995 upon payment of the consideration amount. The vendor Rashmoni had allegedly indulged in illegal dealing in contrabands and had been apprehended along with one other for possessing Ganja. Case n-38/94 under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter the said Act) was registered against them and after trial the accused persons were found guilty of offence under Section 8 of the said Act. Accordingly, they were sentenced to suffer imprisonment for 3 years and to pay a fine of Rs. 50,000/- each, in default to suffer further period of six months rigorous imprisonment.

(2.) AFTER Rashmoni and the other accused person were convicted, the respondent authorities started an investigation under Section 68e of the said act in respect of properties allegedly acquired by her from dealing in contrabands and having come to learn that the second petitioner and his family members had purchased the said Hall, in exercise of power conferred by sections 68e and 68f of the said Act read with Section 53 thereof, restrained the present owners of the said Hall by an order dated 14. 2. 01 from parting with, transferring, selling, gifting or otherwise dealing with it without the permission of the competent authority. Grounds were also assigned by the concerned officer in support of freezing the said Hall. The order was thereafter confirmed on 12. 3. 01 under Section 68f (2) of the said Act.

(3.) CHALLENGING the conviction, Rashmoni preferred an appeal before this Court and by judgment dated 20. 7. 2004, the conviction was set aside and she was directed to be released, if not wanted in any other case.