Disposal of writ petitions challenging show cause notices under NDPS Act. Court held petitions infructuous as interim order continues during pendency of stay on appeal under Section 68-O.
Petitions disposed of; interim order continues pending appeal. Petitioner directed to file appeal within 45 days.
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suresh
909-WPG-579.2009
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE - CRIMINAL
WRIT PETITION NO.579 OF 2009
WITH
WRIT PETITION NO.764 OF 2009
AND
WRIT PETITION NO.765 OF 2009
Smt. Neeta Nitin Bhanushali.... Petitioner
Vs.
Shri D.B. Negi & Others.... Respondents
Mr. K.M. Sangani for the Petitioner.
Ms Rebecca Gonsalves for Respondent No.2.
Ms M.M. Deshmukh, APP, for the State.
CORAM: V.M. KANADE &
P.D. KODE, JJ.
DATED: SEPTEMBER 02, 2014
P.C:
1.The petitioner, by these three
petitions, has challenged the show cause
notices which have been issued under Section
68-I and 68-U of the Narcotic Drugs and
Psychotropic Substances Act, 1985. During the
pendency of these petitions, it appears that
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suresh 909-WPG-579.2009
the concerned authority has passed an order on
28-8-2014. The learned counsel appearing on
behalf of respondent No.2 has tendered a copy
of the said order.
2. The learned counsel appearing on
behalf of the petitioner submits that the
petitioner was in jail and therefore could not
remain present for the hearing of the said show
cause notices.
3.The learned counsel appearing on
behalf of respondent No.2 submits that the
petitioner has an alternate efficacious remedy
of filing an Appeal under Section 68-O of the
NDPS Act before the Appellate Tribunal.
4.Since now the Competent Authority has
passed the order on 28-8-2014 under the
provisions of the NDPS Act, these petitions
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suresh 909-WPG-579.2009
practically have become infructuous. The
petitioner is entitled to avail of the
alternate remedy which is available to her
under Section 68-O of the NDPS Act of filing an
Appeal before the Appellate Tribunal. The
petitioner shall file the Appeal within 45-days
from the date of receipt of the order. However,
in our view, the interim order which has been
passed by this Court in these petitions shall
continue during the pendency of the Appeal that
may be filed. With these observations, all the
three petitions are disposed of.
authenticated copy of this order.
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Smt. Neeta Nitin Bhanushali
Shri D.B. Negi & Others
V. M. Kanade
P. D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court