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1990 Supreme(SC) 816

P.B.SAWANT, S.C.AGRAWAL, A.M.AHMADI
ADDITIONAL SECRETARY TO THE GOVERNMENT OF INDIAS – Appellant
Versus
ALKA SUBHASH GADIA – Respondent


Judgment

SAWANT, J.- These appeals are directed against the orders dated June 27 and June 30, 1989 passed by the Bombay High Court in Criminal Writ Petition No. 489 of 1989 and Criminal Application No. 1347 of 1989 respectively. An order of detention was passed on December 13, 1985 against respondent 1s husband, Subhash Chander Gadia under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as the "COFEPOSA"). He could not, however, be served with the said order as he was absconding. Hence a declaration was made that he was a person who fell within the category mentioned in Section 2(b) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as the "SAFEMA"). Thereafter, a notice dated March 31, 1987 was issued to him under sub-section (1) of Section 6 of the SAFEMA to show cause as to why the properties mentioned in the schedule to the said notice should not be forfeited to the Central Government for reasons recorded in the accompaniment. A copy of the notice along with the schedule of the properties and the copy of the reasons for forfeiture of the property








































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