GOVIND RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India challenges the original order passed by the competent authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, (hereinafter referred to as the Act). The Competent Authority passed the order 30th of January, 1989. This order stands affirmed by the appellate authority. The appellate decision was given on 27th of July, 1989. The copies of these orders have been placed on record as Annexure P/4 and P/5 respectively.

(2.) THE brief facts for the purposes of this petition be noticed : The present petitioner is carrying on his business in the city of Gwalior. He was proceeded against under the Act. A notice under Section 6(1) was issued. This notice is dated 29 of January 1979. By this notice, an intention was expressed to acquire certain properties which were said to be illegally acquired. The petitioner appeared before the competent Authority. He pleaded that the notice given under Section 6 is vague. He wanted further clarification. These clarifications were given to him. A letter was written to him on 23rd of April, 1980. It was pointed out that some properties which have been shown as joint Hindu family property had been illegally acquired and constructed out of funds which were illegally acquired property stated that these properties fell within the definition of the term "illegally acquired property."

(3.) WHERE a notice under sub-section (1) to any person specified any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.