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Judgment
Sanjay Kumar Dwivedi, J
This petition has been filed for quashing of the order dated 31.08.2022 contained in Annexure-2 passed by the learned A.J.C.-XVI, Ranchi in Miscellaneous Criminal Application No.1402 of 2021, arising out of NDPS Case No.18 of 2020.
The learned counsel for the petitioner submits that by the impugned order the application made by the petitioner for release of the Kisan Vikas Patra to the tune of Rs.5 lacs has been dismissed. He submits that the said seizure was made without conforming to any of the authority in view of section 68(D) and 68(F) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Mr. Anil Kumar, the learned A.S.G.I appearing on behalf of the respondent –N.C.B submits that the petitioner is a habitual offender under the said Act and since 2011 he has caught in two cases and one case is of the year 2011 other than this case and in view of that, the acquired property of the petitioner also includes the Kisan Vikas Patra in light of the earlier crime and accordingly the same has been seized.
In view of the above submission of the learned counsel for the parties, the Court finds that although the learned court has passed the elaborate order although this ground has not been considered with regard to section 68(F) of Narcotic Drugs and Psychotropic Substances Act, 1985. Once the seizure is made and if it is not confirmed by the competent authority within 30 days under section 68(F), the seizure cannot be a valid one and in view of that, the impugned order dated 31.08.2022 is set-aside.
The matter is remitted back to the learned court to pass a fresh order considering the provisions of section 68(D) and 68(F) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in accordance with law.