Radhakrishnan, J.

First petitioner Sajitha is the wife of V. H. Subair, detenu No. 739 who had undergone imprisonment under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, in short COFEPOSA Petitioners 2 and 3 are the brothers of the detenu. They have approached this court seeking a writ of certiorari to quash Ext. P-7 order issued by the Competent Authority under Section 7 (1) of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, in short SAFEMFOPA, and Ext.P-8 order passed by the Appellate Tribunal for Forfeiture of Property, New Delhi and also for other consequential reliefs.

2. Petitioner has answered the description of a person within the meaning of Section 2 (2) (c) read with Explanation (ii) thereto of SAFEMFOPA. Consequently proceedings under the Act were initiated against all the aforesaid persons after issuing separate notices under Section 6 (I) of the Act dated 15-3-1988 for forfeiture of the following properties.

Opportunities were given to all of them to explain the sources. First petitioner gave the following explanation:

(i) She purchased the property as per document No. 3165 and 3281 of Cochin Sub Registry in October 1986 for Rs.51,000 again on 22-4-1987, another property for Rs.1,26,000 out of which her share was for Rs.31,500 and thus the total value of properties owned by her was Rs.82,500.

(ii) Her father; Sri A. Abdul Rahimankutty gave Rs.20,000 by Demand Draft; her brother Sri A. Azad gave Rs.15,000 and another brother Sri A. Harris gave Rs.13,000 who were working with Essar Contractors Rs.5,000 each was given by her brother-in-Iaws Sri H. Salim, and Sri H. Ubaid, Sri A. Selvam, tailors and a sum of Rs.17,000 received from Sri V. K. Hamza, Textile Merchant, who occupied one of the rented buildings. Confirmation letters from Sri V. H. Saleem, Sri V. H. Ubaid, Sri V. K. Hamza, Sri A. Selvam and Sri P.K. Sebastian were filed.

Second petitioner in his sworn statement dated 6-5-1988 and other replies stated that he was a coolie getting Rs.50 to 80 per day and afterwards he had worked as casual tally Clerk in the year 1980 and worked as such till November 1984 and after that he became permanent. He was earning Rs.40 per shift and was not married at that time and was able to save considerable amount. His savings from 1980 to 1986 was Rs.18,800 out of which he had spent Rs.15,181 towards redemption of jewellery he had purchased and pledged earlier and that he sold the jewellery along with another jewellery item all weighing 15 sovereign to one Y. Jamaluddin. Third petitioner in his sworn statement as well as other replies stated that he had one-fourth share in the property, that he an estate broker in a small way for six years and also ventured hire scrap business and saved Rs.6,000 out of the said activities and that he received an advance of Rs.20,000 from. (M/s ABT Parcel Service for letting out part of the building, that he also availed of a Bank loan of Rs.10,000 from Cochin Service Sahakarana Bank Limited. Explanation submitted by him was considered by the competent authority in detail and ultimately passed order under section 7 (1) of the Act forfeiting the building bearing door Nos. VI/1211 and VI/1212 with land measuring 3-7/8 cents situated at survey No. 67 of Mattancheny Village, Cochin owned by Smt Saji w/o Shri V. H. Subhair. Building No. CCVI/1213 to 1222 and land measuring 3.585 cents in survey number 67 in Mattancheny Village, Cochin, jointly owned by Smt Sajitha, Shri Ibrahim, Shri Salim and Shri Habeeb each having right, title and interest of 1/4th share was also forfeited. Competent authority granted opportunity to all of them to file appeal. Consequently all of them jointly preferred appeal before the Appellate Tribunal. Appellate Tribunal confirmed the finding of the competent authority and dismissed the appeal.

3. Counsel appearing for the petitioners Sri Antony submitted that the entire proceeding is vitiated since no notice und