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2012 Supreme(Mad) 1913

K.CHANDRU
Competent Authority Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 – Appellant
Versus
A. Sowkath Ali – Respondent


Advocates Appeared:
For the Petitioner: M.L. Ramesh, Senior Panel Counsel.
For the Respondents:R1 & R2 - B. Kumar, Senior Counsel for M.A. Abdul Huck, Advocate.

JUDGMENT

1. Prologue:-

"Among the truly dangerous government powers is the federal asset forfeiture law, which allows the government to seize and basically keep any property supposedly used in the commission of a crime. Under this law your property is charged with the offense, which makes it a civil action rather than a criminal case. Even if your are never charged with a crime, or are charged and acquitted, it can take years and cost you a fortune to get back your own property. But if your are convicted of the crime the government is entitled to sell your property, with the proceeds divided among all the agencies participating in the original seizure. It's an outrageous program. The L.A.Sheriff's Department, for example, depended on the money raised by selling assets seized and forfeited in drug cases to supplement its inadequate yearly budget. (p.231)

Many white people watch quietly as law enforcement officers trample all over the rights of minorities under the guise of crime prevention. And a lot of them are sympathetic, too. They honestly feel sorry for the victims. But they watch from a very safe place, feeling sorry for the victims, but believing as long as they themselves rem

































































































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