GOVARDHAN VIGRAHAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an order dated 12.03.2020, passed by the Competent Authority under Section 68-U of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter =NDPS Act') to the limited extent that it directs surrender of possession of the property bearing no. 503, Fifth Floor, Sinchan Building, New Link Road Extension, Veera Desai Road, Mumbai (hereinafter =the said property'). In addition, the petitioner also impugns an order dated 11.03.2020, passed by the Competent Authority under Section 68-I(1) and (3) of the NDPS Act to the extent that it declares the said property as forfeited to the Central Government. The said order is not on record, however, the same is referred in an order dated 12.03.2020. The said orders are hereinafter referred to as =the impugned orders'.

(2.) The petitioner claims that he is a bonafide purchaser, for valuable and adequate consideration, of the said property and the impugned orders are, thus, without jurisdiction. In addition, the petitioner also challenges the impugned orders on the ground that the same were passed without any notice to the petitioner and without affording him any opportunity to be heard.

(3.) The petitioner further claims that the impugned orders have been passed in ignorance of an order dated 17.01.1994 (Order File No. 2/CA/LKO/NDPS/93/50) passed by the Competent Authority, Lucknow, whereby the Competent Authority had found that the petitioner's predecessor-in-interest, one Mr. Anand Kumar Bagla, was a bonafide purchaser of the said property. Consequently, the said property had been excluded from the application of Chapter V-A of the NDPS Act, which relates to forfeiture of illegally acquired property.