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1996 Supreme(Guj) 229

B.C.PATEL, R.M.DOSHIT
DHANIBEN MAKANBHAI TANDEL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: JAYANT PATEL, S.H.SANJANWALA

B. C. PATEL, J.

( 1 ) PETITIONER has filed this petition in the year 1984, under Art. 226 of the Constitution, challenging the order dated 22-3-1978 vide Annexure "b" passed by the Competent Authority, Bombay, under the provisions contained in smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as "safema" ). This Court issued notice on 29-3-1984. However, no reply was filed and even after issuance of Rule on 3-4-1984, returnable on 18-4-1984, till the matter was called out for hearing, no return, that is to say affidavit-in-reply, is filed by the respondent denying the averments made in the petition. Therefore, this Court taking those averments to be true shall proceed with the matter in the wake of affidavit filed on behalf of the the respondent No. 2 stating that the petition is filed before the Apex Court being Criminal Writ Petition No. 224 of 1989 under Art. 32 of the Constitution of India for declaring the proceedings under SAFEMA as illegal and the office of the respondent No. 2 has received/served with the petition of the petitioner herein filed in the Honble Supreme Court of india. The copy of the petition is annexed alon











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