M/S. PLATINUM THEATRE AND OTHERS Vs. COMPETENT AUTHORITY SMUGGLERS & FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dtd. 19/4/2007 passed by learned Single Judge of the High Court of Karnataka at Bangalore upholding the order passed by the competent authority under Sec. 7 read with 19(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter being referred to as the "Act, 1976 ") dtd. 31/12/1997.

(2.) Appellant no.1 is said to be a registered partnership firm comprising of appellant nos. 2 to 5 and one N.A. Yusuf(not a party herein) as its partners with the profit sharing ratio of the partners as follows:­

(3.) The background facts culled out from the record which led to passing of the order forfeiting the subject property are that one of the partners of the first appellant, namely, N.A. Yusuf, was ordered to be detained by Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter being referred to as "COFEPOSA") by order dtd. 21/1/1985 by Government of Maharashtra and later by the Central Government by order dtd. 27/8/1991. The two detention orders against N.A. Yusuf came to be challenged in the writ petition before Delhi High Court. Both the petitions were allowed by judgments dtd. 15/10/1991 and 11/5/1992 respectively. In consequence thereof, the forfeiture order passed by the competent authority on 23/11/1977 came to an end.