JUDGMENT

Adarsh Kumar Goel, J. - This appeal has been preferred against Order dated 11th July, 2007 of the High Court of Judicature at Bombay in Criminal Writ Petition No. 1088 of 1995.

2. The question for consideration is whether tenancy of a property, ownership of which is acquired by a person to whom the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) applies, will be treated as "illegally acquired property" within the meaning of Section 3(1)(c) of SAFEMA and can be subjected to forfeiture under the provisions thereof.

3. Facts giving rise to the issue may be briefly stated. Vide order dated 19th January, 1974 one Krishna Budha Gawde was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) by the Government of Maharashtra. As his detention was confirmed by the Advisory Board, he was covered by Section 2(b) of SAFEMA [Application.-(1) The provisions of this Act shall apply only to the persons specified in sub-section (2).
(2) The persons referred to in sub-section (1) are the following, namely:-
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(b) every person in respect of whom an order of detention has been