UNION OF INDIA Vs. CHAMPABAI DEVICHAND SAHA

JUDGEMENT

(1.) Leave granted. Heard.

(2.) One Champalal Shah was prosecuted for involvement in smuggling of 11000 tolas of gold which was seized on 30th/31st May, 1965 and was convicted under Customs Act, 1962, which was ultimately upheld by this Court on 12-8-1981.

(3.) The competent authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 ('SAFEM Act', for short) issued show cause notices under Section 6(1) of SAFEM Act to the Respondents on 4-4-1984 and 12-7-1984 proposing to declare their properties as illegally acquired properties (within the meaning of Clause (c) of Section 3(1) of SAFEM Act and forfeit them to the Central Government. This was followed by orders dated 3-9-1984, 9-10-1984, 10-10-1984, 5-11-1984, 9-11-1984, 13-11-1984, 19-11-1984 and 23-11-1984, passed by the competent Authority, under Section 7 of the SAFEM Act declaring the properties of the Respondents as illegally acquired properties and forfeiting them to the Central Government. The Appellate Tribunal for Forfeited Properties upheld the order of the competent authority with some modifications by order dated 20-3-1985. Respondents filed writ petitions challenging the forfeiture proceedings. A Division Bench of the Bombay High Court, by a brief order dated 6-1-2009 (amended on 19-3-2009) allowed the writ petitions in terms of the order in Union of India v. Rajnikant Raghunath Belekar and Anr. (W.P. No. 837/2007 decided on 22-7-2008). Feeling aggrieved, the Union of India has filed these appeals by special leave.