APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI MP-ND-1088/KOL/2023 (Stay)

FPA-ND-686/KOL/2023 Guljar Hussain … Appellant Versus The Competent Authority, Kolkata … Respondent Advocates/Authorized Representatives who appeared For the Appellant : Mr. Pijush Kanti Roy, Advocate Ms. Pritthish Roy, Advocate Ms. Khushbou Sharma, Advocate For the Respondent : Mr. Vikas Jain, Advocate CORAM SHRI G. C. MISHRA : MEMBER SHRI RAJESH MALHOTRA : MEMBER

FINAL ORDER

24.07.2025 The present appeal has been preferred against the order dated

16.08.2023 passed by the Ld. Competent Authority (CA) in F. No. CA/KOL/NDPS/G-134/2023-24/637 to 648 under Section 68 F(2) of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).

Brief Facts of the Case On the basis of secret information, the officers of Nagra Patrol Post under Bazaricherra Police Station intercepted one Mahindra Thar vehicle bearing Regn. No. ML 05 X 1215 and apprehended two persons, who were inside the vehicle, namely, Rajal Uddin Talukdar and Jabrul Haque and recovered 2558.41 grams of suspected heroin from secret chamber of the vehicle which was subsequently seized and accordingly a P.S. case No. 189/2022 under Section 21 (c)/25/29 of the NDPS Act, 1985 was registered and subsequently, both the persons were arrested on

19.10.2022.

The said two arrested persons disclosed the name of the appellant as the main kingpin/peddler of the contraband business. It is also revealed from the record that the appellant was in judicial custody, Dhubri in connection with another PS case No. 374/2022 dated 13.12.2022 for his alleged involvement in commission of offences under IPC and that he was brought and arrested in the present case on 29.12.2022.

It is also revealed from the record that the investigating officer passed the Freezing Order under Section 68 F (1) of NDPS Act, 1985 on 31.07.2023 seizing/freezing 11 moveable properties registered in the name of Mr. Guljar Hussain (appellant and PA1) and his wife Mrs. Nazma Begum (PA2). The said Freezing Order was sent by the Freezing Authority (FA) to the Ld.

CA.

It appears from the order of the Ld. CA that the appellant and the Seizing/Freezing Authority appeared through VC for hearing from time to time. It also appears from the order that the appellant failed to file any submissions and/or documents, evidences pertaining to the impugned movable properties frozen in this case. It has also been recorded in the order that PA 2 i.e., Mrs. Nazma Begum did not appear before the Ld. CA nor filed any documents/reply etc. pertaining to the impugned movable properties. The Ld. CA passed the order on merit confirming the Freezing Order with regards to movable properties as described in Schedule ‘A’ to ‘D’

of the impugned order at internal page no. 3 & 4.

Submissions of the Appellant The appeal has been filed with a prayer to set aside the impugned order dated 16.08.2023 of the Ld. CA and also for a direction to the respondents to lift the order for freezing of the properties of the appellant.

During the course of argument, the Ld. Counsel for the appellant argued that the appellant has no claim over Rs. 7,00,000/- (the movable property described at para 4 in Schedule ‘A’ of the impugned order) which was seized from the possession of Tayabur Rahman S/o Late Mubarak Ali, a relative of appellant Mr. Guljar Hussain. It was also submitted by the Ld. Counsel that to his knowledge Mr. Tayabur Rahman has also not claimed the said amount and that no appeal has been preferred by Mr. Rahman against the impugned order. There is no explanation from the side of the appellant regarding the legal sources of income of the aforesaid amount.

So far as the four bank accounts as described in Schedule ‘B’ at para no. 4 of page 3 & 4 of the impugned order are concerned, the appellant has failed to explained the legal sources of Rs. 22,387/- available as balance in saving bank A/c No. 34784606368 maintained in State Bank of India at Ramkrishna Nagar Branch. The other three savings bank accounts n