MOHAMMED MUFLIH Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) One Mr.T.S.A.Omer Farook was detained under Section 3(1) of the Maintenance of Internal Security Act, 1971, on 26.10.1974. The petitioner in W.P.No.16571 of 1995 is the wife of Mr.T.S.A.Omer Farook and the petitioner in W.P.No. 16846 of 1994 is the son of Mr.T.S.A.Omer Farook. His detention was later on converted as a detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), with effect from 20.12.1974.

(2.) Mr.T.S.A.Omer Farook owned an immovable property, viz., a house bearing No.4, Vaniar Street, Madras-1. In the said house, he had owned a half share, worth Rs.95,116/-, as per the market value in the year 1973. Apart from that, a sum of Rs.23,150/- was due to him from one Mr.T.S.Hameed Abdul Kader; another sum of Rs.8,500/- was due to him from one Mr.T.S.S.Abdul Majeed; a sum of Rs.10,483/- was due to him towards rent collection commission business; and there was a cash balance to the tune of Rs.3,500/-.

(3.) Alleging that the above stated properties were illegally acquired properties of Mr.T.S.A.Omer Farook, the competent authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as, "The Act"), issued a notice under Section 6(1) of the Act, calling upon him to explain, as to why the said properties should not be forfeited in favour of the Government under Section 7 of the Act. However, along with the said notice, the reasons recorded by the competent authority for issuance of notice under Section 6(1) of the Act were not furnished. Admittedly, at the time, when the said notice was served on him, Mr.T.S.A.Omer Farook, was in detention.