PREM MEHRA Vs. V K BARANWAL COMPETENT AUTHORITY

JUDGEMENT

(1.) Writ Petition (Civil) 2915/1995 was filed in this Court on 7/8/1995 by Mr. Prem Mehra seeking a writ of certiorari to quash a notice dated 4/11/1980 issued to him by the Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA). The writ petition also sought quashing of a notice dated 1/8/1995 issued by the Competent Authority requiring the petitioner to attend the office of the Competent Authority to give a statement in the enquiry initiated against him under Section 6(1) SAFEMA.

(2.) Writ Petition (C) No. 2916/1995 was filed by Mrs. Promila Mehra in this Court on 8/8/1995 seeking the quashing of a notice dated 1/8/1995 issued to her by the Competent Authority under the SAFEMA to appear as a witness in the enquiry against her husband, Shri Prem Mehra, and give a statement. Mrs. Promila Mehra also challenged the notice dated 4/11/1980 issued to her husband Mr. Prem Mehra.

(3.) Mr. Prem Mehra was detained between 31/8/1976 and 22/3/1977 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('COFEPOSA'). Mr.Mehra did not challenge his detention. Three years after his release from detention he was served with a notice dated 4/11/1980 under Section 6(1) of SAFEMA calling upon him to disclose the sources of the income and earnings or assets out of which the properties mentioned in the Schedule to the notice (including certain diamonds and foreign currency seized by the Customs) were acquired by him. He was also asked to show cause why the said properties should not be declared as illegally acquired properties and forfeited by the Central Government under the provisions of SAFEMA. The properties listed in the Schedule are as under: