SHANTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Articles226/227 of the Constitution of India, the petitioner seeks to lay challenge to an order dated 28.4.80 passed by the Competent Authority under Section 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter the Act, for short), maintained in appeal by the order dated 1.8.94 passed by the Appellate Tribunal For Forfeited Property, New Delhi.

(2.) The facts in so far as relevant for the purpose of the present petition may briefly be noticed.The property forming subject matter of the impugned proceedings was as under:

(3.) The petitioner Shanti Devi was the wife of one Basant Lal. The marriage had taken place in the year 1945. On 30.7.75 Basant Lal was ordered to be detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from dealing in smuggled goods viz. foreign marked smuggled gold otherwise then by engaging in transporting or concealing or keeping smuggled goods.