APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI FPA-ND-747/DLI/2023 Sh. Gurcharan Singh … Appellant Versus

1. The Competent Authority, Delhi, 2. SHO, PS: Makhu, District: Ferozepur, Punjab … Respondent Advocates/Authorized Representatives who Argued For the Appellant : Sh. Sumeet Pal Singh Khaira, Adv.

For the Respondents : Counsel appeared.

CORAM SHRI BALESH KUMAR : MEMBER SHRI RAJESH MALHOTRA : MEMBER

FINAL ORDER

19.03.2026 Dictated by: Rajesh Malhotra The present appeal u/s 68-O of the Narcotic Drugs and Psychotropic Substances Act, 1985 is filed by the appellant against the impugned order dated 17.10.2023 passed by the Competent Authority, Delhi, whereby the Freezing Order No. 473-5A passed by the SHO, PS: Makhu, District: Ferozepur, Punjab dated 28.09.2023 was confirmed, qua the following properties of the appellant:-

S.No. Name of owners Description of properties Year of Value purchase/ (in Rs.)

construction

2 Sh. Gurcharan Bank Account No. 0655000102197400 in Balance as 4,60,714.73 Singh, W/o Shri Punjab National Bank, in Fatehgarh on date Bakhshish Singh Panjtoor, District: Punjab 13.09.2023

2. As per the facts of the case on 30.08.2021, Smt. Charanjit Kaur, D/o Shri Bakhshish Singh was found in possession of 1020 Intoxicant Tablets of Alprazolam and accordingly FIR No. 65 dated 30.08.2021 was registered against her for commission of offence u/s 22 of the NDPS Act, 1985 at PS: Fatehgarh, District: Moga, Punjab.

After the trial, she was convicted by Ld. Special Judge, NDPS Court, District: Moga, Punjab vide judgement of conviction dated

01.04.2023 for the said offence, and accordingly, she was sentenced to undergo rigorous imprisonment for period of 10 years and to pay fine of Rs. 1 lac and in default of payment of fine to undergo RI for a period of six months. Accordingly, Smt. Charanjit Kaur is covered u/s 68A(2)(a) of the NDPS Act, 1985, and her relatives are covered u/s 68A(2)(d) of the NDPS Act, 1985. Thereafter, SHO conducted the financial investigation into the illegally acquired properties of the APs as defined u/s 68B(g) of the NDPS Act, 1985 and frozen the properties vide order dated

18.09.2023 u/s 68F(1) of the NDPS Act (as mentioned in para no.1).

Thereafter in order to give an opportunity of hearing to the APs, SHO issued notice dated 22.09.2023 to defend their case before the Competent Authority and Administrator at Delhi on 26.09.2023. None appeared on behalf of AP on the said date and subsequent dates and accordingly on the basis of material on record the Competent Authority confirmed the Freezing Order vide impugned order dated 17.10.2023.

Aggrieved by the said order, appellant filed the present appeal.

3. During the arguments Ld. Counsel for appellant Sh. Gurcharan Singh argued that appellant was not having any illicit money in his Bank Account No. 0655000102197400, Punjab National Bank, Fatehgarh Panjtoor, District: Punjab. The said amount is on account of agriculture income and the sale proceeds of agricultural land. Prayer is accordingly made to set aside the impugned order.

4. On the other hand, Ld. Counsel for respondent Competent Authority controverted the submissions made by the Ld. Counsel for appellant on each and every aspect, which will be discussed and analysed in our findings in the following para.

5. After hearing the rival submissions, we have given our thoughtful consideration for the same. Appellant has not filed the said bank statement to check and verify how and when he received the different amounts. In order to explain the said amount, the appellant relied upon the Jamabandi. The first page of Jamabandi for the year 1994-95 Annexure A-4 reflects that Balbir Kaur, Bakshish Singh, Resham Singh, Mohan Singh & Anoop Singh are owners to the extent of 1/5^th Share each in the agricultural land measuring 9Kanal 13 marla comprised in Khasra no. 23//17 (7-7), 24/1 (2-4), 173 (0-2. Out of said land Sh. Bakshish Singh (the father of the present appellant) already sold his share 38/193 in the year 1995-96 vide