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2004 Supreme(Guj) 540

K.A.PUJ
AYESABEN NUR MOHAMMAD – Appellant
Versus
COMPETENT AUTHORITY, s. A. F. E. M. A. , AHMEDABAD – Respondent


Advocates Appeared: DHAVAL BAROT, R.S.SANJANWALA, S.H.SANJANWALA

K. A. PUJ, J.

( 1 ) THE petitioner has filed this petition under Art. 226 of the Constitution of India challenging the order passed by the competent authority under Secs. 7 and 9 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short "s. A. F. E. M. A. Act") dated 26-11-1999 forfeiting the properties of the petitioner and the order passed by the appellate Tribunal dated 20-7-2001 confirming the order of the competent authority. The petitioner has also challenged the order of detention passed against shri Umer Haji Hasan Subhaniya (for short "the detenu") dated 29-12-1988 on the ground that the said order of detention is not valid and/or already revoked and or not executed, and hence, the S. A. F. E. M. A. Act is not applicable to the petitioner.

( 2 ) CIVIL Application No. 10727 of 2001 is filed by the petitioner praying for direction to the respondent No. 1 i. e. competent authority to return back the possession of two vessels, namely, MSV Shahe-A1 Bukhari BDI 74 and MSV shane A1 Mehboob BDI 724 seized and attached by the respondents on such terms and conditions as may be deemed just and expedient. The petitioner has also prayed for stay a


























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