SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(SC) 353

B.N.AGARWAL, A.R.LAKSHMANAN
VIRENDER KUMAR RAIS – Appellant
Versus
UNION OF INDIAS – Respondent


ORDER

1. HEARD THE PARTIES.

2. THESE APPEALS HAVE BEEN FILED BY THE APPELLANTS CHALLENGING ORDER D RENDERED BY THE ALLAHABAD HIGH COURT ON 20-8-1997 WHEREBY WRIT APPLICATIONS FILED BY THE APPELLANTS CHALLENGING NOTICES ISSUED TO THEM FOR INITIATING CONFISCATION PROCEEDING UNDER SECTIONS 68-H AND 68-I OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT (HEREINAFTER REFERRED TO AS "THE NDPS ACT") HAVE BEEN DISMISSED.

3. IT APPEARS THAT IN THE MEANTIME FINAL ORDER HAS BEEN PASSED IN THE CONFISCATION PROCEEDING WHICH HAS BEEN CONFIRMED IN APPEAL BY THE APPELLATE TRIBUNAL UNDER ITS ORDER DATED 28-1-1998. THE APPELLANTS INSTEAD OF MOVING THE HIGH COURT CONCERNED AGAINST THE SAID ORDER FILED PETITIONS FOR SPECIAL LEAVE TO APPEAL BEARING NOS. 2037-43 OF 1998 BEFORE THIS COURT IN WHICH NOTICES HAVE NOT BEEN ISSUED AS YET. THE APPELLANTS ALSO FILED WRIT APPLICATIONS BEARING WRIT PETITION (CRL.) NO. 28-40 OF 1998 BEFORE THIS COURT F CHALLENGING THE VALIDITY OF SECTIONS 68-A(2)(C) AND (D) OF THE NDPS ACT IN WHICH ALSO NO NOTICE HAS BEEN ISSUED, BUT THE SAME HAVE BEEN SIMPLY TAGGED WITH THE CRIMINAL APPEAL REFERRED TO ABOVE. SO FAR THE CRIMINAL APPEALS ARE CONCERNED IN OUR VIEW THE SAME HAVE



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top