UNION OF INDIA Vs. ARVIND SHIVLAL SONI

JUDGEMENT

(1.) This petition though styled under Articles 226 and 227 of the Constitution of India is primarily under Article 227 of the Constitution. The petition challenges order dated 4/1/2002 made by the Competent Authority, The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act,1976 (SAFEMA/the Act), Mumbai, Camp at Ahmedabad, in case of the two respondents. Heard Mr.Jitendra Malkan appearing on behalf of the petitioner.

(2.) Brief facts necessary for deciding the present controversy :

(3.) The respondents are brother and wife of the brother of the detenu, one Shri Indulal Shivlal Soni, who had been detained under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 (COFEPOSA). Notice came to be issued under Section 6(1) of the Act on 9/4/1999 to the two respondents herein. After considering the explanation tendered by the two respondents on 4/1/2002 Order No.1/SAFEMA/AHD/2002 came to be made by the Competent Authority. For the present purpose only part of the impugned order which is necessary is reproduced hereinafter.