FATIMA JAVED

4738 6TH A

FORFEITURE OF ASSETS
CONTROL OF
NARCOTIC
SUBSTANCES
ACT 1997
 Imprisonment for 1 more years.

DG or an officer may request the court for

forfeiture.

Section 39 With application in writing.

Sub-section 1
Lists of assets of the convict.

Associates or relatives or any other person.

 If the Special Court deems that assets were:

1. Derived

2. Generated

Section 39 3. Obtained

Sub-section 2 In contravention of section 12.

Liable to be forfeited under section 19.

Shall stand forfeited to the Federal Government.

Proviso of sub-section 2:
No order to be made without issuing a notice to show cause.

Reasonable opportunity of being heard to the affected person.

On failure to give explanation or defaults in making appearance before Special

Court:

The Special Court may record an ex-parte order.

 If shares in a company are forfeited to the Federal
Government under sub section 2.

Notwithstanding anything contained in:

1. Companies Ordinance 1984

Section 39 2. Any other law for the being in force

Sub-section 3

3. Articles of Association of the Comapny

Such shares shall be registered in the name of Federal

Government.
 SUB-SECTION 1

Section 40 Citizen of Pakistan is convicted by a foreign court.

Forfeiture of For an offence which is also an offence under this

assets of person Act.

convicted On application of DG or any officer.

abroad The special court may forfeit the assets acquired in

Pakistan by such citizen.

To the Federal Government.

 SUB-SECTION 2
Section 40
Forfeiture of Upon production of any document purporting to
be a certified copy of foreign judgment.

assets of person The special court shall presume that such

judgment is of a court of competent jurisdiction.
convicted
abroad Unless the contrary appears on record.

Such judgment may be displaced by proving

want of jurisdiction.
Provided 1 Is passed by a
foreign court of
2 Pronounced on
the merits of
competent

that
case.
jurisdiction.

judgment
or order of 3 Has not been
4 Not been made
in contravention
obtained by

conviction:
of any law of
fraud.
Pakistan.

4 Has assumed
finality through
appeal, revision
or review.

Is not sub judice

before any
appellate forum
First Proviso:
No order shall be made without
providing an opportunity of
being heard to such citizen.
Second Proviso:
Notwithstanding anything contained in clause a to e, during the
pendency of the application, the court may order to:

Or any of
Freeze All assets
the assets

His
Restrain Such citizen Relatives
associates

From
In any other
alienating Lease Sale Gift Transfer
manner
such assets by
EXPLANATION:

• 'Court' means the High Court of the Province.

• Where the assets, or any part thereof are loacted.