Remanded

FPA-ND-30/DLI/2014 of Nishan Singh v/s The Competent Authority, Delhi

ATFP22 May 2017FPA-ND-30/DLI/2014

Case brief

AI extract

What is this about?

Appeal against an order regarding re_committal of property seized under the NDPS Act. The tribunal set aside the impugned order on procedural grounds relating to the hearing process and remanded the matter to the Competent Authority with directions to hear the matter by a specific date.

What did the court decide?

Impugned order set aside; matter remanded to Competent Authority; appellant directed to file reply within two weeks.

FPA-ND-30/DLI/2014 of Nishan Singh v/s The Competent Authority… — Narcotics (NDPS) | ATFP (2017)

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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY NEW DELHI

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FPA-ND-30/DLI/2014

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Nishan Singh … Appellant Versus The Competent Authority, Delhi … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Himanshu Gupta, Advocate
For the respondent	: Mr. S.P. Aggarwal, Advocate Mr. S.P Lohmorh, Inspecting Officer
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER
SHRI B.K. BANSAL	: MEMBER

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ORDER 22.05.2017

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FPA-ND-30/DLI/2014

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The present appeal has been filed u/s 68(O) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the order u/s 68F (2) of the said Act dated 03.11.2014 passed by Shri P.K. Prushty Competent Authority and Administrator SAFEMA (FOP) A & NDPS Act, New Delhi vide F.No. CA/DL (PUN) NDPS/20/14-15/1385.

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On the last date of hearing dated 6^th April, 2017 an order was passed which is reproduced as below:

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“Counsel for the respondent is not ready with the matter. The learned counsel for the appellant’s main argument is that the Nishan Singh was served with the notice before confirming the freezing order on 26^th October, 2014. The next date in the said notice was mentioned on 27^th October, 2014. Therefore, he was not in a position to appear before the Competent Authority as he was in judicial custody. The counsel is also ready with the argument on merits. However, the learned counsel for the respondent sought adjournment on personal ground. No objection from the side of the appellant.”

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FPA-ND-30/DLI/2014

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Page 1 of 2

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Learned counsel for the appellant submits that an opportunity be given to file the reply and make his submission before the Competent Authority. Mr. S.P Lohmorh, Inspecting Officer appearing on behalf of the respondent submits that the matter may be remanded back as the respondent has no objection to the remand back of the matter.

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The impugned order is accordingly set aside and the matter is remanded back to the Competent Authority .Let the reply/documents be filed by the appellant before the Competent Authority within two weeks from today. The Competent Authority shall hear the matter and decide the same on or before 21^st June, 2017. The appeal is disposed of accordingly.

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Copy of the order be given ‘dasti’ to both the parties.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

(B.K. Bansal)

Member

New Delhi,

22^nd May, 2017.

‘K’

FPA-ND-30/DLI/2014

Page 2 of 2

FPA-ND-30/DLI/2014 of Nishan Singh v/s The Competent Authority, Delhi

Case brief

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FPA-ND-30/DLI/2014 of Nishan Singh v/s The Competent Authority, Delhi

Case brief

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