BHAGUBHAI DHANABHAI KHALASI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) An order of preventive detention was passed against the appellant under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "COFEPOSA Act"). He had properties at Bhadarwal, in the district Jaipur and a fixed deposit receipt of Dena Bank. The said properties were forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short, "SAFEMA"). He filed a Writ Petition in the Gujarat High Court questioning the said order of detention as also the order passed under SAFEMA. The said Writ Petition was allowed. A Special Leave Petition filed there against by the competent authority was also dismissed. Representations were made by him for return of the said properties. An order was passed by the competent authority on or about 30.1.1996 canceling the Order dated 24.9.1979 whereby and whereunder the properties were directed to be forfeited. Allegedly, whereas the fixed deposit receipt was returned to him, the immovable properties were not. A Writ Petition was filed by the appellant. Allegations made in the said writ petition were denied and disputed. Respondent No. 4 who was impleaded as a party thereto contended that the appellant had transferred the said property in his favour. A learned Single Judge of the High Court by a Judgment and Order dated 17.1.2005 dismissed the said writ petition, holding;

(3.) The learned Single Judge, therefore, did not go into the question, as to whether the appellant had transferred the said property in favour of the respondent No. 4 herein or not. An intra-court appeal preferred there against under the Letters Patent of the Bombay High Court was preferred there against by the appellant. Apparently, a question was raised therein as to whether the same in effect and substance was filed by the appellant or some other person.