Mahesh Grover, J. - (1.) - The appellant impugns the order of the learned Single Judge dated 22.01.2016 questioning the order by which his property (residential house) was 'freezed' in terms of Section 68F of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). The relevant provisions of Section 68A(cc) and (d) of the Act, which would have a bearing on the controversy, are extracted here below:- (cc) every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this Act with imprisonment for a term of ten years or more, and every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of a similar offence under any corresponding law of any other county. (d) every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c) [or clause (cc)];
(2.) Likewise, Section 68Z of the Act in terms of which the appellant seeks release of his property is also extracted here below: Release of property in certain cases. - (1) Where the detention order of a detenu is set aside or withdrawn, properties seized or frozen under this Chapter shall stand released. (2) Where any person referred to in clause (a) or clause (b) or clause (cc) of sub-section (2) of section 68A has been acquitted or discharged from the charges under this Act or any other corresponding law of any other country and the acquittal was not appealed against or when appealed against, the appeal was disposed of as a consequence of which such property could not be forfeited or warrant of arrest or authorisation of arrest issued against such person has been withdrawn, then, property seized or frozen under this Chapter shall stand released.]
(3.) Learned Single Judge had noticed that the entire family of the appellant was involved in many cases under the Act. The details of cases against the appellant, which were also noticed, are extracted here-below:- JUDGEMENT_259_LAWS(P&H)4_2016_1.html ;