(1.) The petitioner has filed this writ petition impugning the Order in appeal dated October 31, 1977 passed by the Appellate Tribunal for forfeited property. The Order was passed by the Competent Authority under Section 7(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 whereby the initiating properties were ordered to be forfeited to the Central Govemment:-
(2.) The petitioner who has since expired and is now represented by his legal representatives had been detained under the COFEPOSA Act, 1974 on December 19, 1974 and was thus a person covered by the provisions of Section 2(2)(b) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as the "Act"). The Competent Authority issued a show-cause notice under Section 6(1) of the Act on November 8, 1976 after recording reasons to believe that the properties mentioned above had been illegally acquired by the petitioner. The show-cause notice mentioned one other property also viz. Shop No.B-1'15/30-3, Hall Bazar, Amritsar as having been illegally acquired. Since the period within which the petitioner had to comply with the show-cause notice was not mentioned therein the Competent Authority issued another notice to the petitioner dated November 16, 1976 under Section 6(1 ) of the Act in respect of the of the other properties and this notice was duly served on November 26, 1976. The petitioner filed his written explanation dated January 25, 1977 and was given hearing under Section 7(1 ) on February 22, 1977 and March 11, 1977 when he was still lodged in the Central Jail, Patiata. After hearing the petitioner, the Competent Authority passed the order under Section 7(1) on April 27, 1977 ordering forfeiture of two of the properties mentioned earlier.
(3.) The appellate Tribunal considered the pleas of the petitioner and recorded the findings as referred in para 3 of the Order which reads as under-