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2008 Supreme(Mad) 4104

R.BANUMATHI
Parvathi Bai – Appellant
Versus
The Competent Authority, SAFEM (FOP) and NDPS Acts – Respondent


Advocates Appeared:
For the Petitioner:S. Pichai, Advocate.
For the Respondent: S. Haja Mohideen Gisthi, Addl.Central Govt. Standing Counsel.

Judgment :-

Petitioner seeks Writ of Certiorari to quash the Proceedings of the Respondent in F.No.OCA/MDS/1747/78 dated 110. 2003 confiscating the property bearing Door No.7/1, Richi street, Mount Road, Chennai-2 u/s.7(1) of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 [for short SAFEMA].

2. In nutshell, case of the Petitioner is as follows:-

(i) Petitioner purchased the property bearing Door No.7/1, Richi street, Mount Road, Chennai-2 by sale deed dated 111. 1978 from Sulaika Beevi wie of Sheik Dawood for a consideration of Rs.18,000/- and Petitioner was put in possession of the property. Prior to purchase, Petitioner has obtained permission from Reserve Bank of India on 14. 1978 approving the sale since Petitioners vendor Sulaika Beevi was native of Malysia.

(ii) It is the further case of the Petitioner that she is a bonafide purchaser for value and she has taken care to verify the title of the property before getting the sale deed. Sec.2 (2)(e) protects the bonafide purchaser of any property from auction being taken under the provisions of SAFEMA . The impugned order of confiscation of the property was passed behind the back of Petitioner and tha






































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