SHRI SATBIR SINGH, S/O LATE AJIT SINGH, R/O VILLAGE BURJ, TEH. TARAN TARAN, DISTRICT AMRITSAR (PUNJAB) Vs. UNION OF INDIA (UOI), THROUGH THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI,

JUDGEMENT

(1.) WE heard this case along with CW 4786/1996 (Ajit Singh (dead) v. Union of India & Ors). The broad facts of the case have been mentioned in our decision rendered in that case and are not being repeated here.

(2.) THE Petitioner was preventively detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA). His appeal was heard by the Appellate Tribunal for Forfeited Property (hereinafter referred to as the Tribunal). The Tribunal consisted of a Chairman who was a retired Judge of the High Court and two members. By an order dated 7th May, 1997, the Tribunal dismissed the appeal of the Petitioner.

(3.) ON merits, we are of the view that since the Petitioner himself was preventively detained under the provisions of COFEPOSA, the burden is on him to show that the property sought to be forfeited was acquired by him from sources other than through illegal activities.