The competent authority has vast powers under the NDPS Act, and the appellate tribunal has discretion in issuing interim orders.

1. The petitioner in this writ petition seeks for the return of the Mahindra Scarpio car bearing registration No.TN 07-AJ 3838, 2006 model forthwith. The writ petition when it was filed, the Registry had raised an objection regarding maintainability of the writ petition stating that as against the order impugned in the writ petition, only a criminal revision will lie. The matter was posted for maintainability. On 7.10.2009, a learned Judge had overruled the above objection and directed the writ petition to be posted.

2. The writ petition was admitted on 09.10.2009. The application for the grant of interim custody was dismissed on 30.6.2010 on the ground that the relief in the main writ petition and in the miscellaneous petition is one and the same. On notice from this court, a counter affidavit has been filed by the sole respondent, i.e., the Intelligence Officer, Narcotic Control Bureau, South Zone Unit, Chennai, dated 23.12.2009, enclosing the order freezing the property dated 26.3.2009, which was served on the writ petitioner. The petitioner also filed an additional typed set.

3. Even before the writ petition was filed, the competent authority, i.e., the Intelligence Officer, NCB, South Zone, vide order dated 26.3.2009 served the freezing order freezing the properties of one M.Ashok Kumar, a Srilankan national. There were as many as 9 items involved which included the savings bank account, current account, term deposit, advance money given to third parties, Mahindra Scarpio vehicle covered by the writ petition as well as one motor cycle. As against the order of freezing, which was sent for confirmation by the competent authority constituted under Section 68F(2), the said authority by an order dated 22.4.2009 had confirmed the order of freezing. That order was served on the said Ashok Kumar, who was then lodged in the Central Prison, Puzhal. The order of freezing was also served on the petitioner in W.P.No.20517 of 2009. Initially, the order was sent to him by a speed post in the original residential address given by him, i.e., No.396/4, Mahatma Gandhi First Street, Palavakkam, Chennai and the same was returned undelivered on 16.4.2009. Thereafter, it was personally informed to the petitioner who came and gave a statement that the earlier address was erroneous. Therefore, the order was served on him with a return acknowledgment, dated 17.4.2009 enclosed along with the counter affidavit filed in the writ petition. The said Ashok Kumar filed an appeal before the Appellate Tribunal for Forfeited property at New Delhi in terms of Section 68-O of the Narcotic Drugs and Psychotroic Substances Act, 1985 (for short NDPS Act). The appellate tribunal at its Camp Sitting at Chennai, after notice to the competent authority heard the matter, passed an order dated 28.8.2009, allowed the appeal and remanded the matter to the competent authority for fresh disposal after due opportunity to the said Ashok Kumar. The operative portion of the order passed by the appellate tribunal reads as follows:

“The proceedings under Section 68H and 68-I are yet to be initiated by the Competent Authority.

We are of the view that the appellants grievances can be redressed if the matter is sent back to the Competent Authority for passing appropriate order after affording reasonable opportunity of hearing to the appellant/counsel. We order accordingly.

The appellant shall appear before the Competent Authority as per time and date fixed by the Competent Authority and the appellant shall be at liberty to place documents/material before the Competent Authority and make his submissions and raise all contentions that have been raised before us.

The Competent Authority shall, after hearing the appellant, pass a speaking order.”

4. The competent authority, thereafter passed an order dated 15.3.2010. He confirmed that the said Ashok Kumar was convicted on 31.12.2008 to 11 years R.I. and he was also arrested on 23.1.2009. Therefore, he is the person wi