JUDGMENT

Shah, J.-Short question requiring consideration in this appeal is-whether wife whose husband s property is ordered to be forfeited under the Smugglers And Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as "the SAFEMA") is entitled to file an appeal as "person aggrieved" under Section 12(4) of the Act?

2. Before dealing with the contentions, facts in nutshell are that the Government of India issued detention order dated 16.11.1995 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA") against one Suresh Manoharlal Jumani, resident of Khar (West), Mumbai. It appears that the order of detention was not implemented as he was absconding. However, his detention order is neither revoked nor quashed by any court of competent jurisdiction. Thereafter, in exercise of powers conferred under sub-section (1) of Section 6 of the SAFEMA, competent authority issued notice dated 31.12.1996 to Suresh Manoharlal Jumani and his wife Smt. Shobha Suresh Jumani to show cause why the properties mentioned therein should not be declared to be illegally acquired properties and fo