MAHADVE SAHA AND ANR Vs. UNION OF INDIA AND ORS
LAWS(CAL)-2000-12-58
HIGH COURT OF CALCUTTA
Decided on December 13,2000

Mahadve Saha And Anr Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

- (1.) The petitioners challenge an order under Section 68-I of the Narcotic Drugs and Psychotropic Substances Act, 1985.
(2.) Learned counsel contends that the said order has also been passed under Section 68-U of the Act, as well. The same being an administrative order, Mr. Mukherji, learned counsel for the petitioners contends that this Court should intervene. According to him the order is not an appealable one under Section 68-0, since the sentence is less than 5 years. He also points out that Section 68-0 does not include any appeal against an order passed under Section 68-U.
(3.) Learned counsel for the respondents on the other hand points out that the order is an order under Section 68-I, and as such, it is appealable. He also points out from the order that there is nothing to indicate that the said order was also issued under Section 68-U. I have heard the learned counsel at length.;


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