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2005 Supreme(Ker) 118

K.S.RADHAKRISHNAN, M.N.KRISHNAN
Sajitha – Appellant
Versus
Competent Authority, SAFEMFOP and NDPS Act – Respondent


Judgment :-

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 Regi














































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