2016 (4) TMI 539 - SC - Customs

Correctness of High Court order - No order passed by High Court against the order passed by the Competent Authority in exercise of its power under Section 68-I of the NDPS Act 1985 confiscating the property in respect of which the claim is preferred by the husband of the appellant (since deceased) - Respondent submitted that the issuance of notice is in accordance with the law laid down by this Court and thereafter the Competent Authority determined the lis between the parties with regard to the confiscation and the Tribunal has confirmed it and the same is the subject matter of writ petition before the High Court. The High Court has observed that order stands revoked as being similar. Held that - the confiscation order passed by the Competent Authority and confirmed by the Tribunal requires to be considered in the Writ Petition filed by the appellant herein. Hence the matter requires remand to the High Court to re-examine the claim and counter claim of the parties. - Apex Court remitted the matter

Summary

Issues:
- Challenge to the rejection of Criminal Application
- Validity of confiscation order under Narcotic Drugs & Psychotropic Substances Act, 1985
- Remand to High Court for re-examination of claim and counterclaim

Challenge to the rejection of Criminal Application:
The Supreme Court considered the appeal challenging the rejection of the Criminal Application by the Division Bench of the High Court. The High Court observed that no relief was granted in favor of the appellant in previous orders and stated that if aggrieved by the notices, the appellants could seek appropriate legal remedies. The Order dated 8.10.2009 was not recalled, leading to the rejection of the Criminal Application. The Supreme Court reviewed the correctness of this order and allowed the criminal appeals, remitting the matters back to the High Court for further consideration on merits.

Validity of confiscation order under Narcotic Drugs & Psychotropic Substances Act, 1985:
The Competent Authority had passed an order under Section 68-I of the Narcotic Drugs & Psychotropic Substances Act, 1985, confiscating the property of the appellant's deceased husband. The High Court did not pass any order against this decision, leading to a challenge of the Order dated 8.10.2009 in Criminal Writ Petition No. 398/2003. The High Court had observed that the order stands revoked, and the Competent Authority had issued notices based on the directions of the Supreme Court. The Supreme Court emphasized the need for the High Court to re-examine the confiscation order, giving both parties an opportunity to be heard and to pass an appropriate order in accordance with the law expeditiously.

Remand to High Court for re-examination of claim and counterclaim:
The Supreme Court directed a remand of the matters back to the High Court for a re-examination of the claim and counterclaim of the parties. It was highlighted that the confiscation order by the Competent Authority, confirmed by the Tribunal, needed to be considered in the writ petition filed by the appellant. The Court stressed the importance of the High Court re-evaluating the matter, providing a fair hearing to both parties, and making a decision in line with legal procedures. All legal contentions raised in the appeals were to be kept open for consideration during the re-examination process.