MANHARLAL RATILAL TAILOR Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Rule. Mr. Jayant Patel waives service of Rule on behalf of respondent Nos. 1 and 4. With the consent of the parties these matters are taken up for final hearing today.

(2.) These two petitions are based on identical fact situation involving common questions of law and hence both are decided by this common order.

(3.) These two petitions have been filed by the relatives of a COFEPOSA detenu against whom proceedings were taken under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as 'SAFEM Act'). Concerned Competent Authority under the SAFEM Act had passed the orders with regard to the present petitioners in the proceedings under SAFEM Act and the petitioners in both these petitions had lost their Appeal provided under SAFEM Act. Ultimately, the orders by the Appellate Authority under SAFEM Act were passed against the petitioners on 17-6-1983. At that time several petitions challenging the validity of the provisions of COFEPOSA and SAFEM Act had been filed before the Supreme Court as well as this Court on diverse grounds challenging the orders under the respective Acts and the present petitioners had also filed two Special Civil Application before this Court challenging the orders dated 17-6-1983 passed by the Appellate Authority as also the validity of certain provisions of the COFEPOSA and SAFEM Act.