INDUBEN C. SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed primarily against an order dtd. 15/11/1990 (Annexure-H) passed by the appellate Tribunal for forfeiture property, New Delhi in P.A.No.01/AHD/90. The proceedings before the appellate Tribunal was an appeal against the order dtd. 21/12/1988 by the competent authority The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short "SAFEMA") passed in CA/AHD/2(c)/I-21/83-84.

(2.) These proceedings were initiated under Sec. 6 of the SAFEMA Act, wherein the petitioner was issued notice under Sec. 6 of based on order of detention dtd. 18/10/1982 in Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "COFEPOSA") against one Rekhaben Chimanlal Sheth, who is the younger sister of the present petitioner.

(3.) The petition was filed in the year 1991 and thereafter, had chequred history which would be relevant to be mentioned herein.