RAJESH HANSRAJ CHOPRA Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) THIS writ petition is directed against the show cause notice dated 7-9-2000, Annexure B, issued by the Competent Authority, SAFEMA/n. D. P. S. , Bombay against the petitioner under section 6 (1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter called the Act ). The said Notice was issued by the Competent Authority on behalf of the Government of India, Ministry of Finance. It recited that a detention order under COFEPOSA was passed against the petitioner on 22-3-1999 by the Government of Maharashtra, Home Department and it was revoked under section 21 of the General Clauses Act by the Principal Secretary to Government of Maharashtra on 8-9-1999 and the said revocation has no effect on the proceedings under the SAFEMA. It calls upon the petitioner to show cause why the property mentioned therein should not be forfeited.

(2.) THE learned Counsel for the petitioner Mr. Maqsood Khan has challenged this notice as it suffers from the vice of lack of jurisdiction and also the reasons shown therein which led to believe the authority to invoke the section 6 of the Act is faulty and extraneous and the notice is therefore liable to be quashed.

(3.) THE learned Central Government Pleader Mr. H. V. Mehta mainly makes two submissions. He submits that the writ petition is not maintainable as it is premature. Petitioner without submitting his explanation to the authority should not have come to this Court to quash the notice. He further submits that since the revocation of the Detention Order was under section 11 of the COFEPOSA Act, it will not come in any of the circumstances for revocation mentioned in section 2 (2) (b) of the SAFEMA.