Platinum Theatre vs Competent Authority Smugglers & Foreign Exchange Manipulators (Forfeiture Of Property) Act, 1976

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 257

AJAY RASTOGI, BELA M. TRIVEDI
Platinum Theatre – Appellant
Versus
Competent Authority Smugglers & Foreign Exchange Manipulators (Forfeiture Of Property) Act, 1976 – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Shyam Divan, Sr. Adv. Mr. Abdul Azeem Kalebudde, Adv. Mr. Ankolekar Gurudatta, AOR Mr. Adith Deshmukh, Adv.
For the Respondent(s): Mr. Vikramjit Bannerjee, A.S.G. Mr. Arijit Prasad, Sr. Adv. Mr. T.A Khan, Adv. Mr. Shashank Bajpai, Adv. Mr. B K Satija, Adv. Mr. Nachiketa Joshi, Adv. Mr. Raj Bahadur Yadav, AOR Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

Rastogi, J.

1. The instant appeal is directed against the judgment and order dated 19th April, 2007 passed by learned Single Judge of the High Court of Karnataka at Bangalore upholding the order passed by the competent authority under Section 7 read with 19(1) of the Smugglers and Foreign Exchange Manipulators(Forfeiture of Property) Act, 1976(hereinafter being referred to as the “Act, 1976”) dated 31st December, 1997.

2. Appellant no.1 is said to be a registered partnership firm comprising of appellant nos. 2 to 5 and one N.A. Yusuf(not a party herein) as its partners with the profit sharing ratio of the partners as follows:

N.A. Yusuf	50%
P.M. Saheeda(appellant no. 2)	25%
Mohd. Ali(appellant no. 3)	8.33%
Shaukat Ali(appellant no. 4)	8.33%
Mumtaz(appellant no. 5)	8.33%

3. The background facts culled out from the record which led to passing of the order forfeiting the subject property are that one of the partners of the first appellant, namely, N.A. Yusuf, was ordered to be detained by Conservation of Foreign Exchange and

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2023 Supreme(SC) 257

AJAY RASTOGI, BELA M. TRIVEDIPlatinum Theatre – AppellantVersusCompetent Authority Smugglers & Foreign Exchange Manipulators (Forfeiture Of Property) Act, 1976 – Respondent

AJAY RASTOGI, BELA M. TRIVEDI
Platinum Theatre – Appellant
Versus
Competent Authority Smugglers & Foreign Exchange Manipulators (Forfeiture Of Property) Act, 1976 – Respondent