SAHANA JINNAH Vs. COMPETENT AUTHORITY, SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS, (FORFEITURE OF PROPERTY) ACT, 1976, CHENNAI

JUDGEMENT

(1.) The writ on hand has been instituted questioning the validity of the notice issued under Sec. 6(1) of the Smugglers and Foreign Exchange Manipulators, (Forfeiture of Property) Act, 1976, (herein after will be referred as "Act").

(2.) The impugned notice was issued based on the allegations that the petitioner was holding immovable property in his capacity as a guardian of her son Shri Shiju Jinnah. The said property was illegally acquired within the meaning of Clause (c) of Sub Sec. 1 of Sec. 3 of the Act. The petitioner was called upon to show cause as to why the subject property should not be treated as an illegally acquired property and consequently, forfeited to the Central Government under the provisions of the said Act.

(3.) The respondent had fixed the case for personal hearing on various days. The petitioner appeared before the respondent on 10/10/2013 and requested time to procure certain documents. Pertinently, certain proceedings were initiated against the daughter of the writ petitioner Smt.Jisha Jinnah under the provisions of the Act. Allegations against the daughter of the petitioner was that she had procured a total extent of 16 cents at P.V.No.728/97, T.P.No.647, Block No.53, Survey No.63 (Block) at Thaimadam, Changanassery, made out of illegal earnings of the husband of the petitioner, Shri T.H.Jinnah. The daughter of the petitioner participated in the proceedings and an order dtd. 10/3/2014 was passed by the respondent holding that the said land is to be forfeited to the Central Government in terms of Sec. 7(1) of the Act.