2016 (4) TMI 539

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... scation 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
MR. V. GOPALA GOWDA AND MR. ARUN MISHRA, JJ For the Petitioner : Mr. K.M. Sangania, Adv., Mr. P.B. Suresh, Adv., Mr. V. K. Monga, AOR And Mr. Vipin Nair, Adv. For the Respondent : Mr. Maninder Singh, A.S.G., Ms. Madhurima Mridul, Adv. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f its order dated 8.10.2009 passed in the aforesaid writ petition held that the application filed by the applicants is misconstrued and further clearly held that the Order dated 8.10.2009 did not grant any relief in favour of the applicants, therefore, the Criminal Application is rejected. The correctness of this order is under challenge in these appeals. The fact remains that against the order passed by the Competent Authority in exercise of its power under Section 68-I of the Narcotic Drugs & Psychotropic Substances Act, 1985 confiscating the property in respect of which the claim is preferred by the husband of the appellant (since deceased), no order is passed by the High Court and they have also questioned the Order dated 8.10.2009 pas .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ourt has observed that order stands revoked as being similar. However, it was submitted that notice in the case was legal and proper, therefore, in our opinion, 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 after giving them an opportunity of hearing and pass appropriate order in accordance with law expeditiously. All legal contentions raised in these appeals are kept open. In the result, these criminal appeals are accordingly allowed and the matters are remitted back to the High Court for its consideration on merit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X