2008 (7) TMI 852 - SUPREME COURT

Interpretation and application of Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985 providing for forfeiture of property derived from or used in illicit traffic

Held that:- Dealing in narcotics is a social evil that must be curtailed or prohibited at any cost. Chapter VA seeks to achieve a salutary purpose. But, it must also be borne in mind that right to hold property although no longer a fundamental right is still a constitutional right. It is a human right.

The provisions of the Act must be interpreted in a manner so that its constitutionality is upheld. The validity of the provisions might have received constitutional protection, but when stringent laws become applicable as a result whereof some persons are to be deprived of his/her right in a property, scrupulous compliance of the statutory requirements is imperative.

For the reasons aforementioned, the impugned judgments cannot be sustained. Appeal allowed.