Section 39: Order for forfeiture of assets

39. Order for forfeiture of assets.__ (1) Where the Special Court convicts an accused under section 13, or sentences him to imprisonment for 1[one year or more], the Director-General or an officer authorised by him may request the said Court by an application in writing alongwith 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. (2) Where the Special Court is satisfied that any assets specified in the list referred to in sub-section (1) were derived, generated or obtained in contravention of section 12 or are liable to be forfeited under section 19, it may order that such assets shall stand forfeited to the Federal Government 1[and shall vest in that Government free from all encumbrances]: 1 Subs. and added by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) ss.14-15. Provided that no order under this section shall be made without issuing a 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 the Special Court on any date appointed by it, the Special Court may proceed to record an order ex-parte on the basis of the evidence available before it. (3) Where any shares in a company are forfeited to the Federal Government under sub- section (2), notwithstanding anything contained in the Companies Ordinance, 1984 (XLVII of 1984), or any other law for the time being in force or Articles of Association of the Company, such shares shall be registered in the name of the Federal Government.

Effective date: 1997-07-11

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