AMRIK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition directed against the order dated 05.05.2011. The Appellate Tribunal for Forfeited Property (in short the Tribunal) dismissed the appeal of the writ petitioner against the order dated 15.07.2010, passed under Section 68F (2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act), on a singular ground, which is, that the appeal was time barred.

(2.) TO be noted, the petitioner had preferred an appeal under Section 68O(1) of the NDPS Act, which was received in the Tribunal, on 29.11.2010. It is not in dispute that during this period, the petitioner was in judicial custody.

(3.) NOTICE in this petition was issued on 22.04.2013. Since then, respondent has filed its counter affidavit. In the counter affidavit, the respondent has taken the stand that the impugned order passed by the Tribunal is demonstrative of the fact that the order dated 15.07.2010, was served on the petitioner, on 30.08.2010.