JUDGMENT

S.B. Majmudar, J.-This appeal by special leave seeks to challenge judgment and order rendered by a Division Bench of Bombay High Court in Writ Petition No. 2841 of 1982 : By the impugned judgment the order of respondent-competent authority forfeiting the property in question under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as SAFEMA ) came to be confirmed.

2. In order to appreciate the grievance of the appellants it is necessary to note a few introductory facts.

Introductory Facts

3. One Talab Haji Hussein Sumbhania was detained Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA ) by the Government of Gujarat by order dated 02nd April 1976. Before the said order of detention, the  second wife of said Talab Haji Hussein, Tahira Sultana, purchased a flat being Flat No. 25 in Dharam Jyoti Premises Co-operative Housing Society, Bandra Bombay in February 1975 for a consideration of Rs. 88,562/-. On 15th February 1977 the competent authority issued a notice under Section 6(1) of SAFEMA to the said Tahira Sultana calling upon her to show cause why the said flat purch