NAFEESU Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Saidalavi is a COFEPOSA detenu, who has been evading custody ever since the order of detention was passed on 28-3-1985. He had two wives. The petitioners 2 to 5 in O.P. No. 11973/93 are the children born through the 1st wife and the petitioners in O.P. No. 12910/93 are his children born through the 2nd wife.

(2.) Invoking powers under the Smugglers and Foreign Exchange (Manipulators Forfeiture of Property) Act, 1976 (for short 'SAFEMA'), Ext. P3 notice was issued directing the petitioners to show cause why certain properties comprised in Sy. No. 179/9 etc. of Cherimundam Village, Tirur Taluk having a total extent of about 2 acres should not be declared to be illegally acquired property liable to be forfeited to the Central Government. The Petitioners then filed Ext. P4 explanation which was considered by the competent authority under the aforesaid Act. Ext. P5 order was then issued holding under Section 7 of the Act, that the right, title and interest of the petitioners being under the 'affected person' (Saidalavi) are illegally acquired as defined under Section 3 of the Act and are liable for forfeiture. The petitioners then filed Ext. P6 appeal before the Appellate Tribunal constituted under the Act. As per Ext. P7 order, the Appellate Authority found that as regards the rights of the petitioners the forfeiture will stand, though it will not affect the rights or interests of Smt. Ami Umma, mother of the detenu. It is the correctness of the aforesaid finding that is impugned in the present Original Petition.

(3.) The learned Counsel for the petitioners submitted that the aforesaid property was actually obtained by the detenu in Ext. P8 family partition of 1955 included in items 12 to 18. The allottees of the said item included the detenu's brothers and sisters as well. As per Ext. P9 document, dated 3-4-1985 the brother and sister jointly released their right in favour of the detenu. As per another document dated 28-4-1977 yet another sister released her right to the detenu. As per another document of 1978 one more brother of the detenu released his right to the detenu and thus the detenu became the full owner of the entire items 12 to 18 of Ext. P8 except those comprised in Sy. Nos. 179/9 and 174/1 which became the joint property of Saidalavi and his mother.