SHAHID PARVEZ Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed against an order dated 1st February 2006 passed by the Appellate Tribunal for Forfeited Property ("Appellate Tribunal") dismissing the Petitioner's appeal against an order dated 7th July 1999 passed by the Competent Authority ("CA") under Section 68-I (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act"). Background facts

(2.) The Petitioner's brother Mohd. Azad Parvez of Balasore Town, Orissa was detained on 10th July 1991 for the alleged offence of indulging in illicit trafficking of drugs punishable under the NDPS Act. This was subsequent to an order of detention passed against Mohd. Azad on 26th July 1989 passed by the Joint Secretary to the Government of India. After Mohd Azad was arrested, he was served with the order of detention and grounds of detention on 10th July 1991. On 30th July 1991, a reference was made to the Advisory Board under Section 9 (1) of the NDPS Act. The Advisory Board held that there was sufficient cause for the detention and a confirming order was passed by the Central Government under Section 9(1) read with Section 10(2) of the NDPS Act for a period of two years with effect from 10th July 1991.

(3.) It is stated that Mohd. Azad served out the entire detention period. However, while under detention, Mohd. Azad filed a Writ Petition (Criminal) No. 315 of 1992 in this Court challenging the said order of detention. However, the said writ petition was not taken up for hearing for many years and not before he completed the period of detention.