YAMINI S BHAGWANJI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. By consent, Rule is made returnable forthwith.

(2.) In this petition, filed under Article 226 of the Constitution, the petitioner seeks to challenge the order of forfeiture passed by the Competent Authority under Section 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short "SAFEMA") on 7/12/2007 thereunder forfeiting three immovable properties and further duly confirmed by the Appellate Tribunal for Forfeited Property, New Delhi by its order dated 11/1/2011 in Appeal No. FPA2/BOM/2008 filed under Section 12(4) of the said Act.

(3.) The petitioner was married to Dr. Ashok Sharma on 14/12/1985 and she begotten two children from the said marriage, son Kunal Sharma and daughter Roochi Sharma. However, petitioner obtained a divorce from Dr. Ashok Sharma and married to one Shri Surendra Bhagwanji of Bahrain on 22/2/1999. Consequently, she shifted to Bahrain. When she was at the Mumbai International Airport on 4/10/2000, foreign currency equivalent to Indian Rs.70.54 lakhs was recovered and seized from her by the Customs Department and proceedings under the said Act were initiated against her. These proceedings attained finality when the revision application filed by her came to be decided by the Government of India as per the order dated 29/10/2004. The absolute confiscation of foreign currency seized from the petitioner was converted into confiscation on payment of redemption fine of Rs.10 lakhs and penalty of Rs.4 lakhs under the said order dated 29/10/2004. The balance amount of Rs.61,60,992/- was refunded to the petitioner by the Customs Department vide Remand Order No. AIR-Cus/39R/18/05.