LAWS(BOM)-2012-9-99

GULBANU HASSANALI RUPANI Vs. UNION OF INDIA

Decided On September 28, 2012
Gulbanu Hassanali Rupani Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, filed by the petitioners, essentially takes exception to the notice issued by the Intelligence Officer dated 12.9.1994, freezing and seizure of residential flat bearing No.602 on the 6 th floor, Pearl Harbour, Plot No.91, Tulsiwadi, Mazgaon, Mumbai-400010 allegedly owned by and belonging to petitioner No.1 as a consequence of detention order dated 4.2.1994 against her son Feroze Rupani. The petition also challenges the order passed by the Competent Authority, NDPS, Mumbai dated 19.6.1996 under section 68I and dated 26.9.1997 in No.CA/BOM/NDPS/1/94 under section 68K of the Narcotic Drugs and Psychotropic Substances Act, 1988.

(2.) The Petition also challenges the order dated 19.6.1996 passed by the Appellate Tribunal for Forfeited Property, New Delhi in FPA No.NDPS-20/BOM/1996. Further, the petitioners pray for setting aside the orders passed by this Court in two Criminal Writ Petitions filed by the petitioners dated 23.7.1999 in Writ Petition (Criminal) No.1281 of 1997 and dated 26.8.1999 in Writ Petition (Criminal) No.1365 of 1999.

(3.) In substance, it is prayed that the seizure order followed by forfeiture of the said residential flat of the petitioner No.1 be set aside and the possession thereof be handed back to the petitioners.