PART A (a) RULES TO REGULATE THE PROCEDURE IN THE CASE OF APPLICATIONS TO SET ASIDE ORDERS OF FORFEITURE PASSED BY THE PROVINCIAL GOVERNMENT UNDER SECTION 99-A OF THE CODE OF CRIMINAL PROCEDURE MADE BY HIGH COURT UNDER SECTION 99-F.
1. Every application to the High Court under section 99-B of the Code of Criminal Procedure, 1898, to set aside an order of forfeiture under section 99-A of the Code, shall be made by the presentation of a petition which shall be signed by the applicant and verified at the foot by the affidavit of the applicant.
2. The petition shall be written in the English language on foolscap paper and divided into paragraphs, numbered consecutively. Dates and sums occurring in the petition shall be expressed in figures.
3. The petition shall be headed:
“In the Lahore High Court, Lahore, and shall be entitled
“In the matter of the:-
(name or description of book, document or newspaper as the case may be)
4. The petition shall state what the interest of the applicant is in the property in respect of which the order of forfeiture has been made and all documents or copies thereof in proof of such interest together with a copy of the notice of forfeiture under section 99-A of the Code of Criminal Procedure, 1898, shall be annexed as exhibits to the petition.
5. The petition shall state the ground or grounds on which it is sought to set aside the order of forfeiture.
6. The applicant shall, with his petition, attach a receipt for a deposit of Rs.100/- to cover the cost of printing the record.
7. All vernacular documents annexed as exhibits to the petition and all vernacular documents relied on by the applicant and intended to be in evidence, shall be translated into English by an official translator or translators.
8. The petition with exhibits annexed thereto and their translations, if any, together with a copy of such petition and exhibits with translations shall be presented to the Deputy Registrar, who will lay the same before the Chief Justice. The Chief Justice will then constitute a Special Bench and appoint a day for the hearing and determination of the application.
9. The Deputy Registrar shall forthwith give notice of the filing of the application to the Advocate-General and shall request him to obtain from Government and to furnish to the Court, as soon as possible, a copy of the particular newspaper, book or other document containing the words, signs or visible representations on which the declaration of forfeiture was based.
10. Evidence in support of or against the petition shall be in the form of affidavits. The Advocate-General shall within fifteen days of the receipt of the notice mentioned in rule 9, file affidavits on behalf of the State and supply copies thereof to the other side. The applicant shall, within fifteen days of the receipt of copies of the affidavits, file his affidavits and likewise supply the Advocate-General with copies. *01
11. Notice in writing of the day appointed for the hearing and determination of the application shall be given by the Deputy Registrar to the Chief Secretary to the Government of the Punjab, and the copy of the petition and exhibits with translations, if any, mentioned in rule 8 shall accompany such notice. *01
12. A printed paper-book shall be prepared and completed under the orders of the Deputy Registrar at least one week before the day fixed for hearing and determination of the application.
13. There shall ordinarily be printed 30 copies of the paper-book, but the Deputy Registrar may, when necessary, direct a larger number to be printed.
14. In the absence of a special order, the printed paper-book shall ordinarily contain-
(1) the declaration of forfeiture in respect of which the application is made;
(2) the application and the affidavit of the applicant;
(3) the exhibits annexed to the application, or their translation;
(4) the affidavits filed under rule 10 and a reprint of such portions of the prescribed publications (translated into English, if in vernacular, in accordance with rule 7) to be indicated by the parties within 15 days of the receipt of the notice which will be issued by the Deputy Registrar to the applicant, or his counsel, if any, and the Advocate-General.
Note: The cost of printing (1) , (2) and (3) will be met by the applicant out of the deposit made under rule 6 and the cost of (4) will be borne by the party concerned.
15. If the deposit required under rule 6 proves insufficient to cover the cost of the printed paper-book, the Deputy Registrar may, by a notice in writing, require that such further deposit, as seems to him necessary, shall be made within one week.
16. If such further deposit be not made within the time specified in the notice, the application shall be placed, without notice to the applicant, before a Special Bench composed of three Judges which will either dismiss the application or pass such other order as may be suitable.
17. The applicant and his counsel and the Advocate-General shall be entitled to receive copies of the printed record on application to the Deputy Registrar one week before the date fixed for hearing.
18. At the foot of every printed-book shall be noted the amount of the printing and incidental charges and the person from whom levied, and such amount shall be included in the costs of the proceedings unless the Court shall otherwise direct.
Should the amount so charged be less than the sum or sums deposited under rules 6 and 15, the Deputy Registrar shall refund the balance to the applicant.
19. The table of fees now in force in this Court shall be applicable to all applications under section 99-B of the Code of Criminal Procedure and proceedings thereon and costs payable in respect of such applications and proceedings shall be taxed, when so directed, by the Taxing Officer of this Court.
20. The provisions of the Code of Civil Procedure and the Rules and Orders relating to the execution of decrees shall be applicable to the execution of orders passed by the High Court on applications under section 99-B of the Code of Criminal Procedure.
 LHC - Shahrah-e-Quaid-e-Azam
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