APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI FPA-ND-321/DLI/2024 Puneet Dubey … Appellant Versus The Competent Authority, Delhi … Respondent Advocates/Authorized Representatives who appeared For the Appellant : Mr. R.S. Chaggar, Adv.

For the Respondent : Mr. Arun Khatri, SPP, R-2, F.A.

Mr. Jaspreet Singh Sakhi, Adv. R-1 CORAM SHRI G.C. MISHRA : MEMBER SHRI RAJESH MALHOTRA : MEMBER

ORDER

25.02.2025 The present appeal has been preferred by the appellant against the impugned order dated 26.04.2024 passed by the Ld. Competent Authority &Administrator [SAFEM(FOP)] Act and NDPS Act, 1985 Delhi. Along with the appeal an application for Condonation of Delay (CoD) has been filed to condone delay of 79 days in filling the appeal.

Heard both sides and perused the material on record. It is an admitted fact that the impugned order is passed on 26.04.2024 and the same has come to the knowledge of the Appellant on 05.05.2024 as mentioned in the CoD Application and that the appeal has been filed by the appellant on 28.08.2024. The appellant has taken the ground that the mother of the Appellant has been under continuous medical treatment and has been repeatedly hospitalized and that the Appellant is the only son of his parents and there is no one else in the family to take care of his aged and ailing mother and to provide her medical treatment. On the other hand, the wife of the Appellant has to look after and perform other household chores and look after the family. It is for this reason the Appellant could not earlier contact his counsel at Delhi for necessary instructions for drafting, finalizing and filing of the above appeal.

Admittedly, the date of receiving the copy of the impugned order dated 26.04.2024 is 05.05.2024 and 45 days for filling the appeal has expired on 19.06.2024 and 60 days expired on 04.07.2024. This Appellate Tribunal is empowered to condone delay up to 60th day from the date of receipt of the copy of the impugned order which expired on 04.07.2024 and the appeal is filed on 28.08.2024. According to the appellant there is a delay of 79 days in filing the appeal from the date of expiry of 45th day but on calculation it is seen that there is a delay of 69 days from the said date of expiry of the 45th day.

As per Section 68-O(1) of the NDPS Act, 1985 an appeal to this Tribunal against the order made under 68-F (2) of the NDPS Act, 1985 is to be filed within 45 days and as per proviso to Section 68-O(1) of the NDPS Act, 1985, this Appellate Tribunal may entertain an appeal after the said period of 45 days, but not after 60 days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.

Since the appeal has been filed after 60 days i.e. on 04.07.2024, this Appellate Tribunal is statutorily not empowered to condone delay of even one day. The aforesaid view of ours is reiterated in judgments passed by Hon’ble Supreme Court of India and Delhi High Court in the following matters: -

i) Hon’ble Supreme Court in the matter of ONGC v/s Gujarat Energy Transmission Corporation Ltd. and Others in civil no. 1315 of 2010 reported in 2017 SCC online SC 223.

ii) Chhattisgarh State Electricity Board vs. Central Electricity Regulatory Commission & others reported in (2010) 5 SCC 23.

iii) Fair Growth Investments Limited v/s Custodian reported in (2004) 11SCC 472.

iv) In a recent judgement, His Lordship of Hon’ble High Court, Delhi, vide Order dated 18.10.2023 in the matter of W. P. (C) 12677/2023 and CM APPL. 49965/2023 dismissed the Writ Petition filed by Suman Kumar Rana- in jail vs. Competent Authority by upholding the judgement and Order passed by this Tribunal on

11.07.2023.

With a view to consider and appreciate the arguments in its proper perspective, the object, purport and the scope of proviso to Section 68(0)(1) needs to be examined. Exclusion can be implicit or explicit. It depends upon the language used in a particular statute. The intention can only be gathered from the ex