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2008 (7) TMI 852 - SC - Customs
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.