Satish Kumar vs Competent Authority And Administrator And Another

Sheel Nagu, CJ

The challenge in the present petition is to the order dated 24.10.2025 passed u/s 68F(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act, 1985’).

Learned counsel for petitioner does not dispute that an appeal lies to the Appellate Tribunal u/s 68-O of the NDPS Act, 1985 against the impugned order dated 24.10.2025. However, learned counsel contends that the facts of the case are not in dispute by placing reliance on the evaluator’s report.

The issue as to whether the property in question was acquired in the year 2018 or prior to the occurrence of the offence involves disputed questions of fact, which require adjudication by the Trial Court. Such questions cannot be examined by this Court while exercising its writ jurisdiction under Article 226 of the Constitution of India.

In view of above, this Court declines to interfere on merits and relegates the petitioner to avail the alternative statutory remedy available under the Act. It is clarified that the obstacle of limitation will not come in the way of the petitioner in approaching the Appellate Forum, provided the appeal is filed within a period of 15 days from today.

With the aforesaid liberty, the petition stands disposed of.