COMPETENT AUTHORITY Vs. S. THENMOZHI

JUDGEMENT

(1.) This writ petition challenges the order in No.FPA/82/MDS/2002, dated 24.02.2003, passed by the Appellate Tribunal For Forfeited Property, New Delhi, passed under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, (for short, 'the SAFEMA').

(2.) Respondents 1 to 4 had purchased a property in Door No.104, Virugambakkam, Saidapet Taluk. While that being so, a notice under Section 6(1) of the SAFEMA was issued to one Patassai Bai, wife of (Late) Dhanrajji, whose brother T.Hazarimal was detained under the provisions of Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974 (COFEPOSA Act), to show cause why certain properties including 'land account' of Rs.2411.21 should not be forfeited as illegally acquired.

(3.) After conducting the enquiry, the said 'land account' together with other properties were forfeited by the competent authority under Section 7(1) of the SAFEMA on 23.08.1979. Challenging the same, respondents 1 to 5 herein, filed the appeal before the Appellate Authority.