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Section 68O – THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

68O. Appeals.

 

(1) 1[Any officer referred to in sub-section (1) of section 68E or any person aggrieved by an order of the competent authority] made under Section 68-F, Section 68-I, sub-section (1) Section 68-K or Section 68-L may, with forty five days from the date on which the order is served on him, prefer an appeal to the Appellate Tribunal:

 

Provided that the Appellate Tribunal may entertain an appeal after the said period of forty five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

 

(2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against.

 

(3) The power and functions of the Appellate Tribunal may be exercised and discharged by Benches consisting of three members and constituted by the Chairman of the Appellate Tribunal.

 

(4) Notwithstanding anything contained in sub-section (3), where the Chairman considers it necessary so to do for the expeditious disposal of appeals under this section, be may constitute a Bench of two members and a Bench so constituted may exercise and discharge the powers and functions of the Appellate Tribunal:

 

Provided that if the members of a Bench so constituted differ on any point or points, they shall State the point or points on which they differ and refer the same to a third member (to be specified by the Chairman) for hearing of such point or points and such point or points shall be decided according to the opinion of that member.

 

(5) The Appellate Tribunal may regulate its own procedure,

 

(6) On application to the Appellate Tribunal and on payment of the prescribed fee, the Tribunal may allow a party to any appeal or any person authorised in his behalf by such party to inspect at any time during office hours, any relevant records and registers of the Tribunal and obtain a certified copy of any part thereof.

 

1. Substituted for “Any person aggrieved by an oder of competent authority” by Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001 vide SO 957 (E), dt. 27-9-2001.

 

 

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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

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