Appeals Before the Appellate Authority

When the Competent Authority under the NDPS Act or under SAFEMA passes an adverse order — such as a forfeiture order or the rejection of a claim — the aggrieved person has the right to appeal before the Appellate Authority. Aggarwal and Associates files and argues appeals before the Appellate Authority in NDPS forfeiture and SAFEMA matters, with the aim of reversing or modifying orders that are unjust, factually unsupported, or legally infirm.

Appellate Authority Under the NDPS Act

Under Section 68N of the NDPS Act, any person aggrieved by an order of the Competent Authority under Chapter VA may prefer an appeal to the Appellate Authority within 45 days of receiving the order. The Appellate Authority has the power to:

• Confirm, modify, or set aside the order of the Competent Authority.
• Remand the matter back to the Competent Authority for fresh consideration.
• Stay the operation of the Competent Authority's order pending the appeal.

Appellate Authority Under SAFEMA

Under SAFEMA, a person against whom a forfeiture order is passed can appeal to the Appellate Tribunal for Forfeited Property. The appeal process allows the aggrieved person to challenge both the findings of fact and the legal conclusions of the Competent Authority's order.

Grounds for Appeal

• The Competent Authority failed to properly consider documentary evidence establishing the lawful source of the property.
• The property was not acquired from drug trafficking proceeds — the alleged connection is based on surmise, assumption, or inadmissible evidence.
• Third-party rights over the property were wrongly ignored or dismissed without proper inquiry.
• The Competent Authority violated principles of natural justice — not giving the applicant a fair opportunity to be heard or produce evidence.
• The order was passed without giving reasons, or the reasons given are perverse or contrary to the evidence on record.
• The accused has been acquitted in the underlying criminal case and the factual basis of the forfeiture proceedings has collapsed.

Stay of Forfeiture Order Pending Appeal

It is essential to apply for a stay of the forfeiture order while the appeal is pending. Without a stay, the state may proceed to take possession of the forfeited property before the appeal is decided. We file stay applications at the time of filing the appeal and argue them urgently before the Appellate Authority.

Further Recourse — High Court Writ

If the Appellate Authority confirms the forfeiture order or passes an adverse order, the aggrieved party may file a writ petition before the High Court under Article 226 of the Constitution of India. We advise clients on the prospects of further challenge before the High Court and represent them in writ proceedings against Appellate Authority orders.