H.R. Panwar, J. - (1.) The present writ petition is filed by the petitioner, aggrieved by the order dated 30.7.1999, by virtue of which, a property belonging to Quayoom Khan has been ordered to be forfeited under Section 68-1(1) and (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act of 1985'). The said Quayoom Khan was tried under the Act of 1985 and also detained under the orders of the appropriate authority and thus in law the properties held by him were liable to be forfeited by the Central Government under the provisions of Section 68-C of the Act, 1985. The respondent Department made enquiries from the Income Tax Department and the Intelligence officer, Narcotic Control Bureau. Jodhpur. On enquiries, it was found that respondent No. 5 Quayoom Khan is the owner of the property known as G-6, Ashok Nagar (Jawahar Nagar), Pratapgarh District Chittorgarh. On 18.11.1989, a lease was executed in favour of respondent No. 6 Nizammudin by the Municipal Board. Pratapgarh. This purchase was made by respondent No. 6 in the year 1985.
(2.) The respondent No. 6 is alleged to have transferred this property to respondent No. 7 Abdul Rashid by an agreement which is unregistered and only attested by Notary on 5th September, 1988. The petitioner is alleged to have purchased this property on 10.6.1997 by a registered deed from respondent No. 7. This is how the petitioner claims that property belongs to him. Respondent No. 7 has nothing to do with the property.
(3.) The respondent Authorities took steps under the Act of 1985 for the forfeiture of the said property. According to the Competent Authority under SAFEMA & NDPSA, New Delhi, the property belongs to Quayoom Khan who had purchased it from Nizammudin. The Income Tax Authorities confirmed that House No. G-6, Ashok Nagar, Pratapgarh was purchased by Quayoom Khan in the year 1985 from Nizammudin.;