AMINATH FATHIMA Vs. COMPETENT AUTHORITY, SAFEMA

JUDGEMENT

(1.) This Writ Petition challenges an order passed by the Appellate Tribunal for Forfeited Properties (in short 'Tribunal') dated 27-2-2002 confirming the order of the Competent Authority dated 28-2-2001 in terms of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (in short 'SAFEMFOPA').

(2.) The petitioner is the daughter of one S.S.A. Shahul Hameed alias Lucky Savanna, Keelakarai who was detained in terms of the Conservation of Foreign Exchange (Protection of Smuggling) Act (in short 'COFEPOSA'). There is no dispute with the position that she comes within the definition of 'person' in terms of Sec. 2(2)(c) of the SAFEMFOPA and was issued a notice in terms of Sec. 6(1) of the said Act calling upon her to show cause why properties at Lingi Chetty Street, Keelakarai, jewellery, Bank Account and cash on hand do not constitute 'illegally acquired properties' liable to be forfeited in terms of the SAFEMFOPA. Despite objections of the petitioner, an order of forfeiture was passed, that was confirmed by the Tribunal vide order dated 27-2-2002 giving way to the present writ petition.

(3.) Mr. B. Kumar, learned Senior Advocate appearing for Mr. Loganathan on behalf of the petitioner would draw my attention to the provisions of Sec. 6(1) of the Act, wherein a notice to show cause may be issued by the competent authority upon the recording of reasons in writing leading to the belief that all or any of the properties sought to be addressed in the notice are illegally acquired.