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2004 Supreme(Guj) 209

D.P.BUCH
KARIMABEN K. BAGAD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.D.OZA, MANISHA LAV KUMAR SHAH, P.J.DAVAWALA, R.S.SANJANWALA, SHAMIK S.SANJANVALA

D. P. BUCH, J.

( 1 ) THE petitioner above named, has preferred this petition under Article 226 of the Constitution of India for appropriate writ, order or direction for quashing and setting aside an order passed by respondent no. 4 herein under section 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short, safema) dated 23. 3. 1993 placed at Annexure g Page no. 45 and subsequent order of the Appellate Tribunal being No. F. P. A. No. 28/ahd/93 dated 7. 12. 1995 placed at Annexure h, page No. 81 against the petitioner.

( 2 ) IT appears from the record that on 25. 2. 1977, the husband of petitioner - Karim Bachubhai who was detained by order under section 3 (2) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "cofeposa act" ). The said order was challenged by filing a writ petition being Special Criminal Application No. 101/77. On 3. 8. 1977 when the said matter was being argued before the Court a point was raised that the petition could succeed and the detention order could fall on the ground of delay. Therefore, the learned Public Prosecutor incharge of the matter on behalf of the Governm























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