MOHANLAL JATIA Vs. COMPETENT AUTHORITY UNDER SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS FORFEITURE OF PROPERTY ACT

JUDGEMENT

(1.) THE petitioner has challenged in this writ petition notices dated 24-3-1987 and 27-10-1987 issued under Section 6 (1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as the 'safema' ). The relevant facts are as follows : The petitioner, Mohanlal Jatia, was detained under an order of detention dated 13-12-1985 under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'cofeposa' ). The petitioner was served with this order of detention on 4-4-1986.

(2.) THE order of detention against the petitioner was challenged by his wife in Criminal Writ Petition No. 385 of 1986 filed in this Court. The petition, however, was dismissed. by this Court by its order dated 2/3-5-1986. The petitioner's wife preferred an appeal to the Supreme Court which was also dismissed by the Supreme Court by its order dated 19-12-1986. Thereafter, the petitioner was served with a notice under Section 6 (1) of the SAFEMA which is dated 24-3-1987.

(3.) ON 7-2-1986 an order of detention was passed against Ganesh, the brother of the petitioner, under the provisions of the COFEPOSA. Ganesh, however, did not surrender to the detention order. On 29-6-1987 a notice under the SAFEMA was served on the nephew of the petitioner and Ganesh. This notice was challenged by the nephew in Criminal Writ Petition No. 173 of 1987. In this writ petition, the nephew also challenged the order of detention of 13-12-1985 against the present petitioner Mohanlal on grounds other than those urged in the earlier Writ Petition No. 385 of 1986 by the petitioner's wife. The second Writ Petition No. 173 of 1987 was allowed by this Court by its order dated 7-7-1987 and the detention order against the petitioner was thereby set aside.