K.K. SASIDHARAN, J

1. This appeal, at the instance of the competent authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 challenges the order dated 11 November, 2008 in W.P.No.31869 of 2003, setting aside the order of forfeiture.

The facts:

2. The property, which is the subject matter of this appealwas initially purchased by Mrs.Sulaikha Beevi, wife of Mr. K.K.Sheikh Dawood. The said Sheik Dawood was involved in proceedings under The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and he was detained on several occasions by the Customs department. The department found that it was only with the money contributed by the detenu, Sulaikha Beevi purchased the property. Therefore, proceedings were initiated to confiscate the property.

3. The Competent Authority issued a notice to Mrs. Sulaika Beevi under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as "SAFEMA") on 21 October, 1978. She received the notice on 31 October, 1978. The Competent Authority ultimately passed an order under Section 7 (1) of SAFEMA on 24 February, 1995.