COMPETENT AUTHORITY Vs. MANPREET SINGH OBEROI

JUDGEMENT

(1.) The petitioner - the competent authority (hereafter the 'Competent Authority') authorized under Section 5 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereafter 'SAFEMA') - has filed the present petition impugning an order dated 2-12-2016 (hereafter 'the impugned order') passed by the Appellate Tribunal (hereafter 'the Tribunal') constituted under Section 12 of SAFEMA.

(2.) The impugned order was passed by the Tribunal against an order dated 4-3-2016 passed by the Competent Authority forfeiting the following properties under the provisions of SAFEMA:-

(3.) The Tribunal accepted the respondent's contention that the said properties had been purchased in the year 1993, which is much prior to the alleged acts constituting violation of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereafter 'COFEPOSA'). Consequently, the Tribunal allowed the respondent's appeal and set aside the order dated 4-3-2016 passed by the Competent Authority forfeiting the said properties.