SMT. HEENA KAUSAR versus COMPETENT AUTHORITY

SMT. HEENA KAUSAR versus COMPETENT AUTHORITY

No case has been made out to invoke Article 14 of the Constitution of India so as to hold that the amended proviso to Section 68C of the NDPS Act will apply to the present case. The order of the Appellate Authority, not challenged on those grounds earlier, has attained finality, and proceedings cannot be reopened. Principle of Constructive Res Judicata applies.

Parties
Appellant: SMT. HEENA KAUSAR; Respondent: COMPETENT AUTHORITY
Jurisdiction
India
Judgment Date
24 April 2008
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Validity of Statutory Proviso, Confiscation of Property, Period of Limitation, Equality Under Article 14, Constructive Res Judicata
Constitutional Law Criminal Law Narcotics Validity of Statutory Proviso Confiscation of Property Period of Limitation Equality Under Article 14 Constructive Res Judicata

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Parties

SMT. HEENA KAUSAR

Appellant

COMPETENT AUTHORITY

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether proviso to Section 68C of NDPS Act as amended applies retrospectively
  2. 2 Whether absence of limitation period violates Article 14 of Constitution
  3. 3 Applicability of Constructive Res Judicata in writ proceedings

Ratio Decidendi

No case has been made out to invoke Article 14 of the Constitution of India so as to hold that the amended proviso to Section 68C of the NDPS Act will apply to the present case. The order of the Appellate Authority, not challenged on those grounds earlier, has attained finality, and proceedings cannot be reopened. Principle of Constructive Res Judicata applies.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Counsel's fee assessed to Rs.50,000/-