GHANSHYAM DASS VASWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition filed on 13th February 1997 seeks quashing of an order dated 25th July 1995 passed by the Competent Authority under Section 7 (1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act 1976 ('SAFEMA') whereby the properties of the Petitioner, i.e. share in investment and business assets of Vasco Enterprise, 7 Jain Market, Kashmere Gate, Delhi and a loan of Rs.30,000/- to Smt. Godawari Devi together with up-to-date interest thereon and any other accretion thereon, were forfeited. The Petitioner also challenges an order dated 6th November 1996 passed by the Appellate Authority dismissing the appeal filed by the Petitioner under Section 12 SAFEMA against the order of the Competent Authority.

(2.) The Petitioner is the elder brother of Mr. Govind Vaswani who was detained twice by orders dated 31st July 1975 and 24th June 1980 passed by the Administrator of Delhi under Section 3 (1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 ('COFEPOSA'). The first order of detention dated 31st July 1975 was quashed by this Court by an order dated 24th May 1993 in Writ Petition (Criminal) No. 835 of 1978. That order, a copy of which has been enclosed with the writ petition, notes that Mr. Govind Vaswani continued to be in detention till 21st March 1977 and was released immediately on the lifting of the Emergency by the Government of India. After Mr. Govind Vaswani was released he was served a notice under Section 6 of the SAFEMA. He then filed the aforementioned writ petition challenging his detention order. The Division Bench of this Court quashed the detention order on the ground the representation of the Petitioner's father was not disposed of by the President of India to whom it was addressed. Instead it was disposed of by the Lt.Governor of Delhi. Consequently this Court also quashed the notices dated 13th December 1977 and 28th March 1978 respectively issued to Mr. Govind Vaswani under Sections 6 and 7 SAFEMA. The above order dated 24th May 1993 of the Division Bench of this Court in Writ Petition (Criminal) No. 835 of 1978 was not challenged and attained finality.

(3.) The second order of detention dated 24th June 1980 against Mr. Govind Vaswani under Section 3 (1) COFEPOSA was quashed by the Supreme Court by an order dated 7th October 1980.