THE COMPETENT AUTHORITY Vs. M. KHADER MOIDEEN

JUDGEMENT

(1.) In this writ petition, the petitioner seeks to quash the order of the 2nd respondent dated 30.7.2010, setting aside the order of forfeiture dated 30.9.2005 passed by the petitioner.

(2.) The facts of case, in a nutshell, of the petitioner are that the wife of the 1st respondent Halthija Maimoon was convicted for violation of Foreign Exchange Regulation Act (herein after called as FERA) for foreign currency violations by order dated 1.9.1986 of the Additional Chief Magistrate, Madurai. The 1st respondent being the spouse of the convict, comes within the definition of relative as per the explanation 2 of section 2(2)(c) of the Smugglers and Foreign Exchange Manipulator (Forfeiture of Property) Act, 1976 (herein after referred to as the act). After recording the reasons for belief, a notice under section 6(1) of the act was issued and after giving sufficient opportunities and considering the written submissions of the 1st respondent, the competent authority/the petitioner herein passed an order dated 30.9.2005 under section 7(1) of the act for forfeiture of the properties. As against the same, the 1st respondent preferred an appeal before the 2nd respondent in FPA NO.33/MDS/2005, which was allowed by the impugned order dated 30.7.2010, setting aside the order of forfeiture passed by the petitioner. Hence, contending that the impugned order is contrary to law, weight of evidence and all probabilities of the case, this writ petition has been filed.

(3.) This court heard the learned counsel on either side.