Supreme Court · 2008 INSC 782 · Decided 8 July 2008

Aslam MOHD. Merchant v. Competent Authority & ORS.

Court
Supreme Court of India
Citation
2008 INSC 782 · [2008] 10 S.C.R. 332
Case number
CRIMINAL APPEAL No. 1053/2003
Decided
8 July 2008
Bench
S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NDPS Act

Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985 - Chapter VA, ss 68A, 68C, 68E, 68F, 68H and 681- lnterpre- c tation and application of - Order of preventive detention against a person - Forfeiture of property of relatives of the person, having being derived from or used in illicit traffic - that the proceedings initi- ated validly against the relatives - On appeal,· held: Order of ~ D High Court not sustainable - Conditions precedent for initiat- ';j. ing valid proceeding-formation of 'reason to believe' on part of the authority wherefor reasons are to be recorded in

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