New Delhi, April 27: The Supreme Court has upheld a clause in the Narcotic Drugs and Psychotropic Substances Act, 1985, that allows the government to confiscate properties owned by families of drug dealers.

A two-judge bench held that the law had been enacted correctly to deal with the huge amount of money generated through drug trafficking and there was nothing unconstitutional about it.

“The nexus of huge amounts of money generated by drug trafficking and the purpose for which they are spent is well known…. Necessity was felt for introduction of strict measures so that money earned from drug trafficking by the person concerned may not continue to be invested by purchasing movable or immovable properties not only in his own name but also in the name of his near relatives,” the court said.

The order came when the bench dismissed an appeal filed by the counsel for Heena Kauser, wife of drug dealer Iqbal Mohammed Memon.

Iqbal and Heena have been absconding since 1991 and some properties registered in Heena’s name have been confiscated. She was served with a showcause notice on May 9, 1995, asking her to show proof on her source of income or give details on how two flats and a parking lot in Mumbai had been acquired in her name.

In 1999, an appellate tribunal directed the properties to be confiscated. Bombay High Court upheld the tribunal’s action, prompting Heena to appeal before the apex court.