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2007 Supreme(SC) 461

S.B.SINHA, MARKANDEY KATJU
BHAGUBHAIDHANABHAIKHALASI – Appellant
Versus
State of Gujarat – Respondent


S.B. SINHA, J. - Leave granted.

2. An order of preventive detention was passed against the appellant under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "the COFEPOSA Act"). He had properties at Bhadarwal, in District Jaipur and a fixed deposit receipt of Dena Bank. The said properties were forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short "SAFEMA"). He filed a writ petition in the Gujarat High Court questioning the said order of detention as also the order passed under SAFEMA. The said writ petition was allowed. A special leave petition filed thereagainst by the competent authority was also dismissed. Representations were made by him for return of the said properties. An order was passed by the competent authority on or about 30 - 1 - 1996 cancelling the order dated 24 - 9 - 1979 whereby and whereunder the properties were directed to be forfeited. Allegedly, whereas the fixed deposit receipt was returned to him, the immovable properties were not. A writ petition was filed by the appellant. Allegations made in the said writ petition were denied and disputed. Respondent 4


























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