By the Court.—Heard Sri A.P. Mishra, learned Counsel for petitioners and Sri Shiv P. Shukla, learned Counsel appearing for the Union of India.

In the aforesaid Writ Petition No. 8391 (MB) of 2017 and 7953 (MB) of 2017, petitioners have challenged the order dated 16.3.2017 passed by the Competent Authority and Administrator, SAFEM (FOP)A and NDPSA, New Delhi under Section 68-I(1) and (3) of the Narcotics Drugs and Psychotropic Substances Act (in short “NDPS Act’’), whereby the properties mentioned therein has been forfeited to the Central Government free from all encumbrances. The petitioners have also challenged the consequential order dated 17.3.2017 passed under Section 68-U of the NDPS Act, whereby the petitioners have been asked to surrender possession of the properties mentioned in the order within 30 days of the service of the order.

It is said that the petitioner-Dev Shankar Mishra was arrested on 5.3.2003 by the Officials of Narcotics Department, Lucknow at his house situates in Village Kharsatiya, Police Station Haidargarh, District Barabanki in connection with the offences under Sections 8/15/18/19 of NDPS Act. According to the prosecution case, the petitioner was arrested from his house on the basis of secret information and after search about 1109.540 Kg. Poppy Husk kept in 47 Bags as well as about 20 Kg. opium alongwith about Rs. 2.89 lac cash from the house and Rs. 29,100/- from the counter of Dhaba situates in Village Kharsatiya alongwith about 318.650 Kg. Poppy Husk was recovered and after recovery of the alleged Poppy Husk, Opium and cash amount, the petitioner-Dev Shankar Mishra was arrested on 5.3.2003 by the officers of Narcotics Department, Lucknow.

2. The Investigating Officer prepared list of the Property of Schedule identifying as illegally acquired properties of the petitioner-Dev Shankar Mishra alongwith his relatives and associates under Section 68-E of NDPS Act. In this background, the Investigating Officer passed an order under Section 68-F (1) of NDPS Act for seizure and freeze of illegally acquired properties of the petitioner on 12.11.2003 in F. No. XV - 11 (2) Prev./Freezing/03/3296 and sent the same for confirmation as required under Section 68-F (2) to the Competent Authority, Narcotics Drugs and Psychotropic Substances Act, 57-RF, Bahadurji Marg, Lucknow, annexing the list of schedule of holding illegal acquired properties of the petitioner-Dev Shankar Mishra, his relatives and associates. The reason for passing order under Section 68-F of NDPS Act has been assigned that petitioner-Dev Shankar Mishra is the person of Section 68-A (2)(cc) of NDPS Act, who has been arrested on 5.3.2003 hence by exercising powers under Section 68-E (1) of NDPS Act, mentioned properties in the list of Schedule of Properties and all properties should not be transferred or sale without the permission of Investigating Officer (his or from the competent authority) by petitioner-Dev Shankar Mishra and others. The Competent Authority passed confirmation order on 12.12.2003 under Section 68-F (2) of NDPS Act confirming the order dated 12.11.2003 passed by the Investigating Officer under Section 68-F (1) exercising his power under Section 68-E of NDPS Act, vide F. No. Lko/CA/NDPS/25/2003-746.

3. According to the learned Counsel for the petitioners, the mandate of Section 68-H (1) after confirmation of order under Section 68-F (2) recorded reason of believe, that since petitioner-Dev Shankar Mishra is a person against whom an order of detention vide F No. 125/2/34/2003-CX-5 dated 9.3.2004 was passed by the Government of Uttar Pradesh under Section 3(1) of The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act) and the said order of detention dated 9.3.2004 has neither been revoked on the advice of the Advisory Board nor has been set-aside by any Court of competent jurisdiction. Hence the petitioner is falling within the definition of Section 68-A (2)(c) of NDPS Act.