(2) Where in the opinion of the Director‑General or an officer authorised under section 21 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.
(3) The said officer shall 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 as the case may be, the officer freezing any asset shall,
within three days, inform the Special Court about such freezing and the Special Court shall, after
notice to the person whose assets have been frozen, by an order in writing, confirm, rescind or vary
such freezing.
38. Tracing of assets.__(1) On receipt of a complaint or credible information or where a
reasonable suspicion exists about any person that he has acquired assets through illicit involvement in
narcotics, within or without Pakistan, an officer empowered under section 21 or any other person
authorised under section 37, shall proceed to trace and identify such assets.
(2) On 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 this Act, an officer
empowered under section 21 or any other person authorised under section 37 shall proceed to trace
and identify the assets of the said person, and subject to the provision of sub‑section (3) may freeze
the said assets.
(3) Information about such assets shall be laid before to the Special Court for the purpose of
section 13 and section 19 in case action under this Act or any other law for the time being in force is
initiated��and in case the person who has committed the offence is outside Pakistan, before the High
Court for the purpose of forfeiture of assets under section 40.
(4) The actions referred to in sub‑sections (1) and (2) may include any inquiry, investigation or
survey in respect of any person, premises, place, property, conveyance, documents and books of
accounts.
39. Order for forfeiture of assets.__(1) Where the Special Court convicts an accused under
section 13, or sentences him to imprisonment for more than three years, 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:
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