Section 68-O of NDPS Act, 1985 : Section 68-O: Appeals

Explanation using Example

Contextual Example of Section 68-O of The Narcotic Drugs and Psychotropic Substances Act, 1985:

Imagine a scenario where a local business owner, Mr. Sharma, has his property seized by the competent authority under Section 68F of The Narcotic Drugs and Psychotropic Substances Act, 1985, on the suspicion that it was being used for drug trafficking activities. Mr. Sharma believes that the seizure is unjustified and has evidence to prove that his property was not involved in any illegal activity.

Under Section 68-O, Mr. Sharma has the right to appeal against the seizure order. He must file his appeal to the Appellate Tribunal within forty-five days from the date the order was served to him. If he misses this deadline due to a valid reason, such as being hospitalized, the Tribunal has the discretion to accept his appeal within sixty days, provided he can show sufficient cause for the delay.

Once Mr. Sharma submits his appeal, the Appellate Tribunal will schedule a hearing where he can present his case. The Tribunal will then review the facts, conduct any necessary inquiries, and make a decision to either confirm, modify, or set aside the original seizure order.

The appeal process is overseen by a Bench of the Appellate Tribunal, typically consisting of three members. However, for quicker resolution, the Chairman can constitute a two-member Bench. If there is a disagreement between the two members, a third member will be appointed to resolve the specific point of contention.

Mr. Sharma also has the right to inspect the Tribunal's records related to his case and obtain certified copies, which may assist in his appeal, upon payment of the prescribed fee.