SHRI RANCHHODBHAI BHAGWANBHAI TANDEL Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) BY this Petition which is filed under Articles 226 and 227 of the Constitution of India, Petitioner is challenging legality and validity of the orders passed by the Respondents in the proceedings under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 [For short "SAFEMA") viz the order dated 22/3/1978 of the competent authority forfeiting the property of the Petitioner, which order was partly confirmed by the appellate authority by its order dated 28/2/2000. It is an admitted position that the appellate tribunal partly allowed the appeal filed by the Petitioner and set aside the order of the competent authority to the extent of 7 acres of agricultural land which was acquired by the Petitioner in the year 1957-58.

(2.) THERE is a chequered history in respect of the dispute in this case. Petitioner was detained by the order of detention dated 4/6/1976 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (For Short "COFEPOSA Act") and while passing the said order of detention power under section 12A of the COFEPOSA Act was also invoked by the Detaining Authority and he was detained till 21/3/1977 when the order of detention was revoked by the Detaining Authority - Chief Secretary of Goa, Daman and Diu. The period during which the Petitioner was detained, there was situation of emergency prevailing in the country and, as such, the Petitioner could not challenge the order of detention under Articles 226 and 227 of the Constitution of India. After the emergency was over, the said order was revoked by the competent authority.

(3.) A preliminary objection was also raised regarding maintainability of this Petition in view of disposal of the Petition filed by the Petitioner in the Gujarat High Court. The preliminary objection, however, was heard and decided by Division Bench of this Court by order dated 26/6/2003 and the preliminary objection was rejected. Thereafter, Petition was heard on merits and by judgment and order dated 25/7/2003, Writ Petition filed by the Petitioner was dismissed and costs of Rs 50,000/- was imposed on the Petitioner.