BEFORE THE APPELLATE TRIBUNAL UNDER SAFEMA, 1976 & NDPS ACT,

1985

Appeal No. ____ OF 2023

IN THE CASE OF:

SHEESHA SINGH & Anr. …APPELLANTS

VERSUS

Competent Authority & Administrator, New Delhi

SAFEM(FOP) A, 1976, NDPS ACT & Anr. …RESPONDENT

APPEAL UNDER SECTION 68-O (1) OF THE NARCOTIC DRUGS AND

PSYCHOTROPIC SUBSTANCES ACT, 1985

THE APPELLANT HEREBY SUBMITS AS UNDER:

MOST RESPECTFULLY SHOWETH:

1. That the present Appeal under Section 68-O (1) of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (hereinafter referred to as the
“NDPS Act”) against the Order dated 09.08.2023 as passed by the
Office of the Competent Authority and Administrator for Narcotic
Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to
as “Ld. Adjudicating Authority”) in case bearing number
CA/DL/PUN/NDPS/POL/86/23-24/1739, whereby freezing order
No. 795/5A/PSKG, dated 12.07.2023 passed by the Station House
Officer, Police Station: Kheri Gandian, District Patiala, Punjab
was confirmed. The impugned order dated 09.08.2023 is
apparently erroneous, illegal, void, and is thus liable to be set aside.
 Certified Copy of Order dated 09.08.2023 is hereby marked and
annexed as Annexure – “A-1”.

2. That the appellants received the impugned order dated 09.08.2023 on

17.08.2023 upon visiting the Ld. Authority. Thus the present appeal
is preferred within the prescribed period without any delay.

3. That the appellants desires to be represented through their counsels

details of whom are given in Power of Attorney (Vakalatnama) filed
alongwith the appeal.

4. That the address of the Appellant(s) for the purpose of service is as

under:

a). Sheehsa Singh @ Sheeshu @ Shisha Singh

S/o Sh. Dalip Singh, R/o Gopalpur,

Police Station: Kheri Gandian,

District: Patiala, Punjab.

b). Sh. Harwinder Singh,

S/o Sh. Sheesha Singh @ Sheeshu @ Shisha Singh

R/o Gopalpur,

Police Station: Kheri Gandian,

District: Patiala, Punjab.

b). Sh. Harwinder Singh,

S/o Sh. Sheesha Singh @ Sheeshu @ Shisha Singh

 5. That the address of the Respondents for the purpose of service is as
under:

Respondent No. 1: Competent Authority & Administrator

Safem (FOP)A, 1976 & NDPS Act, 1985,
B-Wing, 9th Floor, Lok Nayak Bhawan,
Khan Market, New Delhi -110003.

Respondent No. 2: The Station House Officer, Police Station:

Kheri Gandian, District: Patiala, Punjab.

BRIEF FACTS LEADING TO THE FILING OF THE PRESENT CASE:

1. That, the Appellant(s) in the above captioned case are law abiding
Indian citizens, and have full faith and trust in the laws and
procedures prevalent at the time.

2. That, consequent upon recovery/ seizure of 30 Kilograms Poppy Husk

and 10 Kilograms Poppy Husk Flower (Papaver Somniferum) from the
possession of Sh. Sheehsa Singh (Appellant No. 1 herein) S/o Sh.
Dalip Singh, R/o Gopalpur Police Station: Kheri Gandian, District
Patiala, Punjab, a case bearing FIR No. 96 dated 06.12.2022 was
registered against him under section 15/61 of the NDPS Act, 1985 by
the Station House Officer, Police Station: Kheri Gandian, District
Patiala, Punjab. It is submitted that the Appellant No. 1 was arrested
in the above case on 06.12.2022. Copy of the FIR bearing No. 96 dated
06.12.2022 is marked and annexed herewith as Annexure – “A-2”.

3. That, it has been alleged that the Station House Officer (hereinafter
referred to as “SHO”) of Police Station Kheri Gandian, Distt. Patiala,
Punjab who conducted financial investigation into the legally acquired
properties of the Appellants has passed a freezing/ seizing order no.
795/5A/ PSKG dated 12.07.2023. The properties that have been
ordered to be seized/ freezed by the SHO are enumerated as under:

S Names of Owners Description of Date of Value (in

No. Properties acquisition/ ₹)
purchase

1. Sh. Sheesha Residential Renovated 25,09,650

Singh @ Sheeshu house/ building in the year
@ Shisha Singh measuring 2020-21
S/o Sh. Dalip 355.55 sq. yards
Singh Situated at red
line area
Village: Gopalpur
Tehsil: Rajpura
District: Patiala,
Punjab

2. Sh. Harwinder Maruti Suzuki 25.11.2022 7,09,948

Singh, S/o Sh. Swift car (Model
Sheesha Singh @ 2022) bearing
Sheeshu @ registration
Shisha Singh number PB 39K
8167

Copy of the order dated 12.07.2023 passed by SHO, Police Station

Kheri Gandian, Distt. Patiala, Punjab is marked and annexed
herewith as Annexure – “A-3”.
4. That, it is alleged that the Station House Officer of Police Station Kheri
Gandian, Distt. Patiala, Punjab on the basis of his financial
investigation that the abovementioned properties have been acquired
by the Appellants in their names out of illegal income earned through
drug trafficking.

5. That, with a view to give an opportunity of being heard, notices dated

13.07.2023 giving scope of opportunities of hearing were sent to the
Appellants to defend their case before the Competent Authority and
Administrator, New Delhi on 21.07.2023. Copy of the Notice dated
13.07.23 is marked and annexed herewith as Annexure – “A-4”.

6. That, the appellant(s) filed its reply dated 02.08.2023 and refuted the
allegation(s)/ findings given by the Station House Officer of Police
Station Kheri Gandian, Distt. Patiala, Punjab vide its order dated
12.07.2023. Copy of the Reply dated 02.08.2023 alongwith documents
are marked and annexed herewith as Annexure – “A-5” (Colly).

7. That, the SHO of Police Station Kheri Gandian, Distt. Patiala, Punjab
filed his rejoinder on/ dated 06.08.2023 and denied the contents of
the reply dated 02.08.2023.

8. That the Ld. Competent Authority passed the impugned order dated
09.08.2023 thereby confirming the findings given by the SHO of Police
Station Kheri Gandian, Distt. Patiala, Punjab vide order dated
12.07.2023.

9. That being aggrieved of the order dated 09.08.2023, the appellant(s)

are filing the present appeal on the following grounds amongst others
which may arise during the course of arguments.

GROUNDS:
1. Because, the impugned order passed by the Ld. Adjudicating
Authority is totally discriminatory, misconceived, un-warranted,
illegal, arbitrary, amounts to miscarriage of justice and is passed
without appreciating the facts and material available on record. It is
submitted that while passing the impugned order the Ld. Adjudicating
Authority failed to exercise the jurisdiction vested in it.

2. Because, the impugned order passed by the Ld. Adjudicating

Authority is without the appreciation of facts and material available
on record.

3. Because, the freezing/ seizing order dated 12.07.2023 has been

passed by the SHO ex-parte without prima facie indicating the
involvement of the Appellants and thus the same is legally
unsustainable.

4. Because, the Ld. Competent Authority herein failed to honour the fact
that Appellant no. 1 has not illegally acquired the residential property
from anyone, but the same has been inherited by the Appellant Sh.
Sheesha Singh from his father Sh. Dalip Singh by way of natural
succession. The said residential property was constructed by Sh.
Dalip Singh over 40 years ago. The said residential property is
situated within Lal Lakir (red line) of the village and thus does not
have any revenue record.

5. Because, the Ld. Competent Authority herein failed to honour the fact
that Appellant no. 2 is a cab driver (Maruti Suzuki Swift car PB 39K
8167) and the said car was purchased after taking a loan HDB
Finance Services Ltd. to the tune of ₹7,50,000/- (Rupees Seven Lakh
Fifty Thousand only) wherein a monthly instalment of ₹14,995/-
(Rupees Fourteen Thousand nine Hundred and Ninety Five) is being
paid by the Appellants.
6. Because, the Ld. Competent Authority failed to honour the fact that
the residential property of the Appellants herein is a self acquired by
way of natural succession and not by any illegal means.

7. Because, the Ld. Competent Authority failed to honour the fact that in
case the Maruti Swift vehicle is seized, its value will depreciate faster
and quicker being a parked car instead of it depreciating while on the
road and it being used to its maximum capacity.

8. Because the Ld. Adjudicating Authority failed to appreciate that the

residential house is exempted under section 68-C of the NDPS Act
which provides that no property shall be forfeited if the same was
acquired before a period of six years from the date of his arrest.

9. Because the Ld. Adjudicating Authority failed to appreciate that even

as per notice issued, the residential house is within red line and
renovated by the Appellant No. 1, it goes without saying that word
‘renovation’ would not mean that the same was ‘illegally acquired
property’ as per definition contained in 68 B (g) of the NDPS act. Thus
the residential house would not fall within the definition of ‘illegally
acquired property’ and the same is liable to be de-freeze/ released on
the ground alone.

10. Because the Ld. Adjudicating Authority failed to appreciate that

the appellant No. 1 owns more than 16 Bighas (26k-13m) of
agricultural land which he has inherited from his father. Ld. Authority
failed to appreciate the fact that the said Land is being given on lease
@ Rs. 2 Lacs per annum. The appellant has mortgaged part to SBI
Bank and has taken a loan of Rs. 5.24 lacs so as to renovate his
house in the year 2017 (and not in 2020-2021 as alleged in notice).
Thus the appellant No. 1 has by his own genuine funds renovated the
house in question.
 11. Because the Ld. Adjudicating Authority has failed to appreciate
the settled proposition of law in this regard. Hence, the impugned
order is liable to be set aside.

PRAYER:

i. That, the order dated 09.08.2023 passed by the Ld. Adjudicating

Authority be set aside may kindly be set aside;

ii. That, the seized properties of the Appellants viz. the residential house,
and the white Maruti Swift be respectfully returned to the Appellants
so that can carry on peaceful occupation of the two properties;

iii. Pass any other/ further order(s) which this Hon’ble Tribunal may
deem fit and proper in the facts of the present case.

APPELLANTS

THROUGH:
 BEFORE THE APPELLATE TRIBUNAL UNDER SAFEMA, 1976

_____ No. ____ OF 2023

IN THE CASE OF:

SHEESHA SINGH & Anr. …APPLICANTS

VERSUS

Competent Authority & Administrator

SAFEM(FOP) A, 1976, NDPS ACT & Anr. …RESPONDENTS

APPLICATION SEEKIGN PERMISSION TO BRING ON RECORD ADDITIONAL

DOCUMENTS:

MOST RESPECTFULLY SHOWETH:

1. That the appellants has filed the above noted case before this
Appellate Tribunal against the order dated 09.08.2023 passed by the
Competent Authority and Administrator, Delhi.

2. That Applicants herein would like to place on record Affidavits of:

a. Ms. Swarn Kaur, Sarpanch, aged about 65 years, Wife of Sh.

Joga Singh, R/o village Gopalpur, PS Kheri Gandian, Tehsil
Rajpura, Patiala
b. Sh. Sewa Singh Numberdar, aged about 65 years, S/o Gurnaet
Singh, R/o village Gopalpur, PS Kheri Gandian, Tehsil Rajpura,
Patiala
c. Sh. Sewa Singh Numberdar, aged about 70 years, S/o Sh.
Mangal Singh, R/o village Gopalpur, PS Kheri Gandian, Tehsil
Rajpura, Patiala
 3. That the affidavits of the aforementioned people are necessary
documents for the proper adjudication of the above noted Application.
4. That now the applicants want to place these aforesaid Affidavits on
records as they prove that the Residential property is a self acquired
by natural succession by way of tendering the affidavits of the
seniors/ Sarpanch and other seniors of the Village before this Hon’ble
Tribunal. Copies of the affidavits dated 08.09.2023 are marked and
annexed herewith as Annexure – A (Colly).

PRAYER

a). It is, therefore, prayed that the Applicants may kindly be allowed to
bring the Affidavits on record in the interest of justice.
b). Pass any other order(s) as this Hon’ble Tribunal may deem fit and
proper in the interest of justice.

Date: __.__.2023 KUNAL SONI & ASSOCIATES

Place: New Delhi S-104, Lower Ground Floor,
Greater Kailash – II,
New Delhi – 110048
Phone No.: 9540666337