The appellate court issued notice to the respondent in a forfeiture appeal. The respondent was granted six weeks to file a reply. The court noted that forfeiture proceedings are interim and issued only upon conviction.
Notice issued to respondent; reply filed within six weeks with advance copy for rejoinder.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL FOR FORFEITED PROPERTY NEW DELHI
MP-ND-58/DLI/2016 (SP)
&
FPA-ND-74/DLI/2016
Amar Singh … Appellant/Applicant
Versus The Competent Authority, Delhi … Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Ashok Giri, Advocate |
|---|---|
| For the respondent | : Shri D.S. Bisht, J.C. |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
| SHRI B.K. BANSAL | : MEMBER |
ORDER 17.10.2016
FPA-ND-74/DLI/2016 & MP-ND-58/DLI/2016 (SP)
The present appeal has been filed u/s 68(O)(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 challenging the order dated 26th July, 2016.
Issue notice. The learned counsel for the respondent accepts notice and seeks six weeks time to file the reply. Let the reply be filed within six weeks with an advance copy to the counsel for the appellant, who may file the rejoinder within four weeks thereafter.
The order of confirmation is an interim order. The forfeiture proceedings would be initiated only on conformation of trial if the trial results
FPA-ND-74/DLI/2016
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in a conviction. Even the counsel for the respondent submits that the notice u/s 68U is yet to be issued. As and when if the said notice is issued, the appellant is at liberty to press an interim order.
List on 15th February, 2017.
(Justice Manmohan Singh) Chairman
(B.K. Bansal)
Member
New Delhi,
17th October, 2016.
‘s’
FPA-ND-74/DLI/2016
Page 2 of 2
2 issues framed by the court
Whether notice under Section 68 of the NDPS Act has been issued pending finalisation of forfeiture proceedings.
Whether the interim order of forfeiture confirmation requires immediate initiation of trial to proceed.
2 provisions across 1 enactments
Amar Singh
The Competent Authority, Delhi
Justice Manmohan Singh
Shri G.C. Mishra
Shri B.K. Bansal
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
