BHULABHAI R. PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) the petitioners have challenged the constitutional validity of certain provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 and the validity of Constitution (40th Amendment) Act, 1976 and the validity of Constitution (42nd Amendment) Act, 1976. The Petitioners have also prayed that the proceedings pursuant to notice issued by the appropriate authority exercising power under the provisions of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act by which the petitioners have been called upon to show cause as to why the property mentioned in the notice be not forfeited, be stayed.

(2.) The constitutional validity of the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and that of the provisions of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 have been upheld by the Hon'ble Supreme Court in the case of Attorney General for Inida v. Amratlal Prajivandas reported in AIR 1994 SC page 2179.

(3.) xxx xxx xxx