Special Anti-Narcotics Courts established under the draft KP Control of Narcotics Substances Law may order the freezing of the assets of the accused, his relatives and associates. Where, in the opinion of the Director General (DG), Narcotics Control Wing, or an officer authorized under the proposed Act, an offence is being or has been committed, he may freeze the assets of such accused and within seven days of the freezing shall place before the court the material on the basis of which the freezing was made and further continuation of the freezing or otherwise shall be decided by the court.
The officer concerned would trace, identify and freeze the assets during the investigation or trial for the purpose of forfeiture by the special court: Provided that the Director General, or the officer freezing any asset would within a three days, inform the special court about such freezing and the special court would issue notice to the person, whose assets have been frozen, by an order in writing, confirm, rescind or vary such freezing.
On receipt of a complaint or credible information or where reasonable suspicion exists about any person that he has acquired assets through illicit involvement in narcotics or methamphetamine within or without Pakistan, an officer, dually authorized by the Director General would proceed to trace and identify such assets.
In case of receipt of authenticated information from a foreign court of competent jurisdiction that a citizen of Pakistan has been charged for an offence, which is also an offence under the Act, an officer empowered would proceed to trace and identify the assets of the said person, and may freeze the said assets.
If the information about such assets, when collected by so authorized, would forthwith be laid before the special court for the purpose of forfeiture under this Act. The actions would include inquiry, investigation or survey in respect of any person, premises, place, property, conveyance, documents and books of accounts.
After conviction by an accused under the Act, the Director General or an officer authorized by him may request the said court by an application in writing along with a list of the assets of the convict or, as the case may be, his associates, relatives or any other person holding or possessing such assets on his behalf, for forfeiture thereof. Where the special court is satisfied that any assets specified in the list were derived, generated or obtained in contravention of this Act, it may order that such assets shall stand forfeited to the federal government, in case of conviction by foreign court and government, in case of conviction by special court: Provided that no order would be made without issuing notice to show cause and providing a reasonable opportunity of being heard to the person being affected by such order: Provided further that if such person fails to tender any explanation or defaults in making appearance before special court on any date appointed by it, the special court may proceed to record on the basis of the evidence available before it.
In case, where any shares in a company are forfeited to the federal government, notwithstanding anything contained in the Companies Ordinance, 1984, or any other law for the time being in force or Articles of Association of the Company, such share would be registered in the name of the federal government.
Similarly, in case a citizen of Pakistan is convicted by a foreign court for an offence, which is also an offence punishable under the draft legislation, the special court may, on an application made by the Director General or any other officer authorized by the federal government, order that the assets acquired in Pakistan by such citizen shall be forfeited to the federal government.
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