SAJITHA Vs. COMPETENT AUTHORITY SAFEMFOP AND NDPS ACT

JUDGEMENT

(1.) First petitioner Sajitha is the wife of V.H. Subair, detenu No. 739 who had undergone imprisonment under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, in short COFEPOSA. Petitioners 2 and 3 are the brothers of the detenu. They have approached this court seeking a writ of certiorari to quash Ext. P7 order issued by the Competent Authority under Section 7 (1) of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, in short SAFEMFOPA, and Ext. P8 order passed by the Appellate Tribunal for Forfeiture of Property, New Delhi and also for other consequential reliefs.

(2.) Petitioner has answered the description of a person within the meaning of Section 2 (2) (c) read with Explanation (ii) thereto of SAFEMFOPA. Consequently proceedings under the Act were initiated against all the aforesaid persons after issuing separate notices under Section 6 (1) of the Act dated 15.3.1988 for forfeiture of the following properties. <p>------------------------------------------------------------------------------- Sl. No. Description of property Name of present holder of property ------------------------------------------------------------------------------- 1. Two storeyed building bearing door No. VI/1211 and VI/1212 with land measuring 3 7/8 cents in S. No. 67 of Mattancherry Village, Cochin Smt. Sajitha 2. Building No. C.C.VI/1213 to 1222 and land measuring 3. 585 cents in S. No. 67 Mattancherry Village, Cochin Smt. Sajitha Sri. H. Habeeb Sri. H. Salim Sri. Ibrahim -------------------------------------------------------------------------------

(3.) Counsel appearing for the petitioners Sri Antony submitted that the entire proceeding is vitiated since no notice under Section 6 (1) was served on the detenu. Counsel also submitted that there was considerable delay in initiating proceedings under the SAFEMFOPA. Counsel also submitted that the detenu had not involved in smuggling activities but only financing the smugglers.