SHYAM BABU Vs. UNION OF INDIA

JUDGEMENT

(1.) ORDER :- These seven writ petitions were heard analogously as common questions of law are involved. There are, however, certain factual differences in respect of these matters and the same will be pointed out while dealing with them separately in this judgment. In all these writ petitions proceedings initiated under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter called the SAFEMA) have been challenged.

(2.) Before dealing with the specific challenge to the proceedings initiated under the said Act, certain salient features of the said Act and the nature of the proceedings initiated and the legal questions involved therein are considered by this Court.

(3.) SAFEMA being Act No. 13 of 1976 was promulgated to provide for the forfeiture of illegally acquired properties of Smugglers and foreign exchange manipulators and for matters connected therewith or incidental thereto. The preamble to SAFEMA explains the purpose behind the enactment as follows :-