MANILAL JALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is filed by the petitioner assailing the order dated February 18, 1999 passed by the respondent No. 1 under sub-sections (1) and (3) of Section 7 of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as the said SAFEMA) also the order dated December 11, 2002 passed by the respondent No. 2 under sub-section(5) of Section 12 of SAFEMA declaring the house property lying and situated premises No. 10, Digambar Jain Temple Road, Kolkata-700007 as "illegally acquired property" and forfeiting the same to the Central Government free from all encumbrances.

(2.) The backdrop of this case in a nutshell is discussed below : - The mother of the petitioner, namely Late Sarbani Devi Jalan purchased the house property lying and situated at 10, Digambar Jain Temple Road, Kolkata-700 007 (hereinafter referred to as the said house property) on December 15, 1958 for Rs. 1,20,000/- only as also spent sum of Rs. 5,933/- only for registration expenses.

(3.) An order of detention dated December 10, 1974 under conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was passed against Late Natmal Jalan who happened to be the husband of the aforesaid Late Sarbani Devi Jalan.