ISLAMABAD, March 29: The Supreme Court on Wednesday allowed the Anti-Narcotics Force to confiscate a 100-room fort and other property worth millions of rupees of convicted drug smuggler Haji Ayub Afridi.
A bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Mian Shakirullah Jan and Justice M. Javed Buttar allowed confiscation of the property worth about Rs167.8 million (estimated in 1999) upholding an order of the Peshawar High Court.
“Smuggling is a menace for the society,” the CJ observed, but asked ANF counsel Senator Dr Babar Awan to provide evidence that the property had been acquired by the appellant through smuggling.
Dr Awan cited a previous order where a court had certified that the ‘uncrowned king of smuggling’ had three factories to produce charas in Jamrud and Landi Kotal, from their income he built a 100-room fort spread over 100 acres with swimming pools. The fort, he added, had 2,000 armed guards.
In April 1995, a special court in Peshawar had issued notices for confiscation of the property of Ayub Afridi, his brother Shah Zamir, Saeed, Babu Khan, Niaz Ali Shah, Noor Alam and Mumtaz Khan.
Mr Afridi refused to receive the notice, but other respondents challenged it in the PHC. Later, the anti-smuggling court ordered forfeiture of the property.
When the PHC dismissed their appeal in October 1995, Mr Afridi and others moved the Supreme Court and got the confiscation process stayed.
Advocate Khawaja Haris, the counsel for Mr Afridi, argued that the decision to seize the property was not proper since his client never received the notice and, therefore, the decision was ex parte.
Dr Awan contended that four modes were employed for serving the notice. The notice was effective since it had been received by an associate of the accused in the terms enunciated under the Prevention of Smuggling Act, he said. A copy of the notice was affixed outside Mr Afridi’s house, where all the respondents lived. A half-page advertisement was published in two newspapers on May 17 and 18, 1995. The notice was sent on all the postal addresses of Mr Afridi and was also served through the political agent of the area.
The counsel cited the Sakina Bibi case, where it was held that courts should not exercise their discretion in favour of those who amassed wealth through ill-gotten money.
He also quoted the Asfandyar Wali case where the court had held that an accused could be detained for 90 days for recovering plundered money.
Deputy Attorney-General Nahida Mehboob Illahi represented the federal government while ANF officers Col Abbas, Maj Nadeem and Sohail Sani assisted Dr Awan.