G.P.MATHUR, J. - (1.) THESE petitions have been filed for quashing the order dated 24 -4 -93 and 30 -4 -93 passed under Sections 68 -E and 68 -F of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) by respondent No. 2. The controversy raised in the writ petitions is identical and therefore they are being disposed of by a common order. The writ petitions have been heard along with the records of Habeas Corpus Petition No. 12529 of 1993 and Habeas Corpus Petition No. 15948 of 1993.
(2.) CHAPTER V -A which deals with forfeiture of property derived from, or used in, illicit traffic was inserted by Act 2 of 1989 in Narcotic Drugs and Psychotropic Substances Act with effect from 29 -5 -1989. Section 68 -E provides for identifying illegally acquired property and Section 68 -A provides for seizure or freezing of illegally acquired property. The material part of Section 68 -A of the Act, which is relevant for the decision if the writ petitions, is reproduced below: - "68 -A. (1) The provisions of this Chapter shall apply only to the persons specified in sub -section (2). (2) The persons referred to in sub -section (1) (a).......... (b)......... (c) every person in respect of whom an order of detention has been made under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), or under the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989 (J and K Act XXIII of 1988): Provided that such order of detention has not been revoked on the report of the Advisory Board constituted under the said Acts or such order of detention has not been set aside by a Court of competent jurisdiction: (d) every person who is relative of a person referred to in clause (a) or clause (b) of clause (c): (e)............. (f).............. Section 68 -B is the definition clause for the purpose of Chapter V -A. Sub -section (b) defines 'associate' and sub -section (i) defines relative. In view of sub -section (1) of Section 68 -A provisions of Chapter V -A are applicable to every who is a 'relative' of a person in respect of whom an order of detention has been made under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act provided such order of detention has not been revoked on the report of the Advisory Board or such order of detention has not been set aside by a court of competent jurisdiction.
(3.) ONE Babban Chaudhary son of Ram Naresh Chaudhary resident of Mallah Toli Sahninda, P.S. Mohammadabad, District Ghazipur was detained under Section 3 (1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as PITNDPS Act) by the order dated 30 -1 -93 passed by the State Government. After the aforesaid order was passed, the competent authority passed an order on 24 -4 -93 against some of his relatives under Section 68 -E and 68 -Fof the Act. These persons are relatives of Babban Chaudhary within the meaning of subsection (i) of Section 68 -B of the Act. The writ petition No. 15947 of 1993 and writ petition No. 38930 of 1993 have been filed on behalf of such persons. Similarly Manoj Kumar Chaudhary son of Shiv Bachan Prasad Chaudhary residents of Mohalla Shahmida, P.P.S. Mohammadabad District Ghazipur was also detained under Section 3 of PITNDPS Act by the order dated 30 -1 -93 passed by the State Government. The competent authority passed the impugned orders under Sections 68 -B and 68 -F of the Act against some of his relatives. These persons are relatives within the meaning of sub -section (i) of Section 68 -B of the Act. The writ petition No. 16144 of 1993 and writ petition No. 35860 of 1993 have been filed on behalf of these persons.;