KAMAL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been preferred under Article 226 of the Constitution of India to assail the order dated 28.11.1994 passed under section 7(1) and 7(3) of Smugglers And Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), passed by the competent authority; the appellate tribunal order dated 08.03.1996 in FPA No.4/DLI/95, and; the rectification order dated 08.05.1996 under section 20 of SAFEMA.

(2.) The petitioner, Piare Lal was served with a detention order dated 08.11.1976 issued in the name of Governor of Punjab, inter alia, stating that with a view to prevent him from dealing in smuggled goods, it is necessary that he be detained. A declaration was also issued by the Governor of Punjab under section 12A(2) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("COFEPOSA?) declaring that the detention is necessary, and that it is not in public interest to disclose the facts or to give an opportunity of making a representation to the detenu.

(3.) Following the said detention, which was unsuccessfully challenged by the petitioner, a notice dated 10.05.1978 was issued by the competent authority under section 6 of SAFEMA stating that he had reason to believe that the properties mentioned in the schedule have been acquired by him illegally within the meaning of clause (c) of sub section (1) of section 3 of SAFEMA. The petitioner was required to indicate the sources of his income, earnings and assets out of which, or by means of which the petitioner had acquired the scheduled properties, and also to show cause as to why they should not be declared as illegally procured properties and forfeited under the Act. The said notice pertained to the following properties: