- (1.) Heard Sri A.P. Mishra, learned Counsel for petitioners and Sri Shiv P. Shukla, learned Counsel appearing for the Union of India.
(2.) In the aforesaid Writ Petition No.8391 (MB) of 2017 and 7953 (MB) of 2017, petitioners have challenged the order dated 16.03.2017 passed by the Competent Authority and Administrator, SAFEM (FOP)A and NDPSA, New Delhi under Section 68-I(1) and (3) of the Narcotics Drugs and Psychotropic Substances Act (in short ''NDPS Act''), whereby the properties mentioned therein has been forfeited to the Central Government free from all encumbrances. The petitioners have also challenged the consequential order dated 17.03.2017 passed under Section 68-U of the NDPS Act, whereby the petitioners have been asked to surrender possession of the properties mentioned in the order within 30 days of the service of the order.
(3.) It is said that the petitioner-Dev Shankar Mishra was arrested on 05.03.2003 by the Officials of Narcotics Department, Lucknow at his house situates in Village Kharsatiya, Police Station Haidargarh, District Barabanki in connection with the offences under Sections 8/15/18/19 of NDPS Act. According to the prosecution case, the petitioner was arrested from his house on the basis of secret information and after search about 1109.540 Kg. Poppy Husk kept in 47 Bags as well as about 20 Kg. opium along with about Rs.2.89 lac cash from the house and Rs.29,100/- from the counter of Dhaba situates in Village Kharsatiya along with about 318.650 Kg. Poppy Husk was recovered and after recovery of the alleged Poppy Husk, Opium and cash amount, the petitioner-Dev Shankar Mishra was arrested on 05.03.2003 by the officers of Narcotics Department, Lucknow.;