Narcotic Drugs and Psychotropic Substances Act, 1985
68-O. Appeals
(1) Any person aggrieved by an order of the competent authority
made under section 68F, section 68-I, sub-section (1) of section 68K or section
68L, may, within 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 powers 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, he 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
authorized 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.