Kurian Joseph, J.

This is a classic example of an ingenious litigant engaging in litigious acrobatics, successfully delaying the implementation of an order dated 21.03.91 passed under Section 7 read with Section 9 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as SAFEMA). Before dealing with the contentions taken by the writ petitioner it is necessary to refer to the almost three decades long exercises undertaken by the petitioner which shock the judicial conscience as well.

2. The petitioner is the brother-in-law of one Mr.M.Abubacker. He was a detenu under the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA Act). The detention order was not pursued by

the detenu and thus he was detained for the full term. The said Abubacker was proceeded against under the provisions of SAFEMA in respect of certain items of property, which stood in his name. Accordingly, the competent authority under the SAFEMA passed an order dated 20.02.1991, where it was found that there was unexplained investment to the tune of Rs.25,260/-in his name. However, option