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july 2008

Supreme Court of India · 2008-07-08

Aslam Mohd. Merchant vs Competent Authority & Ors

Court
Supreme Court of India
Petitioner
Aslam Mohd. Merchant
Respondent
Competent Authority & Ors
Author
S.B. Sinha
Bench
V.S. Sirpurkar, S.B. Sinha

Judgment text excerpt

The Supreme Court examined the interpretation of Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly Section 68A(C) and Section 68H, concerning the forfeiture of properties linked to illicit trafficking. The Court held that the authorities must establish a valid 'reason to believe' for initiating forfeiture proceedings, which requires written reasons, and that general allegations in notices are insufficient. The Court upheld the High Court's dismissal of the appellants' writ petitions, affirming the validity of the proceedings against them.

Aslam Mohd. Merchant vs Competent Authority & Ors · Niyam