SURJIT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by reason of this application questions an order dated 25th Nov. 1996 passed by the respondent No. 2 whereby and whereunder the properties of the petitioner were confiscated purported to be under the provision of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as "the Act").

(2.) Shortly stated the fact of the matter is follows :-

(3.) The said properties admittedly are in the name of the petitioner or her husband. The petitioner contends that the said properties were not illegally acquired by the respondent No. 4 in his name. In the said proceedings, as it appears from the statements made in the affidavit-in-opposition that notices were served on her but despite opportunities given the petitioner has failed to explain the sources of income from which the aforementioned properties were purchased.