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TMI Blog2001 (1) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... ropic Substances Act, 1985 (the NDPS). The appeals came up for hearing on June 21, 2000, and an adjournment was sought by learned counsel for the appellants, Shri Bahar U. Barqi, on the ground that he was unable to get his records. The appeals were adjourned to June 23, 2000, in the presence of learned counsel to enable him to obtain his records and to argue the appeals, as they are of the year 1998. It was made clear that the appeals will not be adjourned any further. The appeals were taken up for hearing on June 23, 2000. Learned counsel was not present and, hence, the appeals were passed over and as learned counsel failed to appear, the appeals were taken up for hearing in the afternoon and the Deputy Director appearing for the Competent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He further contended that the vakalat filed by Shri Barqi is still on record and has not been revoked and Shri Das cannot appear on behalf of the petitioners, as he did not file the vakalat after obtaining the consent or no objection of Shri Barqi, nor did he obtain permission of the court to appear in these matters, while the vakalat of Shri Barqi, still holds good. 5. Our orders dated June 23, 2000, were made after considering the submissions made in the memorandum of appeal and the Deputy Director and after perusing the record, and the orders were passed on merits. How ever, without attaching much importance to the question whether the orders can be construed as ex parte orders, we proceed to address ourselves to the question whether th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reunder : "Order III : 4. Appointment of pleader.- (1) No pleader shall act for any person in any court, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment. (2) Every such appointment shall be filed in court and shall, for the purpose of sub-rule (1) be deemed to be in force until determined with the leave of the court by a writing signed by the client or the pleader, as the case may be, and filed in court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client". 8. Under sub-rule (1) of rule 4 n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clauses (a) and (c) of section 68R of the Narcotic Drugs and Psychotropic Substances Act and any other matter which may be prescribed, pursuant to clause (f), and that there is no provision making the Civil Procedure Code applicable, so far as the appearance of the advocates before the Tribunal is concerned. It is pertinent to note that the Tribunal is empowered to regulate its procedure under sub-section (5) of section 68-O. Rules have been framed by the Tribunal, pursuant to the said provision. It is not possible to foresee all situations which may arise during the proceedings before the Tribunal. In the absence of any provision in the Narcotic Drugs and Psychotropic Substances Act or in the rules made thereunder, the Tribunal can and mus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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