VIRENDER KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) These appeals have been filed by the appellants challenging order rendered by the Allahabad High Court on 20th August, 1997 whereby writ applications filed by the appellants challenging notices issued to them for initiating confiscation proceeding under Ss. 68-H and 68-I of the Narpotic drugs and Psychotropic Substances Act (hereinafter referred to as "the NDPS act") have been dismissed.

(3.) It appears that in the meantime final order has been passed in the confiscation proceeding which has been confirmed in appeal by the appellate Tribunal under its order dated 28-1-1998. The appellants instead of moving the concerned High Court against the said order filed petitions for special leave to appeal bearing Nos. 2037-2043/98 before this Court in which notices have not been issued as yet. The appellants also filed writ applications bearing Writ Petition (Crl. ) No. 28-40/98 before this Court challenging the validity of S. 68-A (2) (c) and (d) of the NDPS Act in which also no notice has been issued, but the same have been simply tagged with the criminal appeal referred to above. So far the criminal appeals are concerned in bur view the same have become infructuous as final order has been already passed in the confiscation proceeding. Therefore, we do not propose to go into the merit of the said case.