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2016 Supreme(Mad) 2150

SANJAY KISHAN KAUL, R.MAHADEVAN
Competent Authority – Appellant
Versus
M. Khader Moideen – Respondent


Advocates Appeared:
For the Petitioner: Mr. G. Rajagopalan, ASG, assisted by Mr. B. Rabu Manohar
For the Respondents: Mr. A.R.L. Sundaresan, SC for Mr. N. Viswanathan

ORDER :

R.MAHADEVAN, J.

In this writ petition, the petitioner seeks to quash the order of the 2nd respondent dated 30.7.2010, setting aside the order of forfeiture dated 30.9.2005 passed by the petitioner.

2. The facts of case, in a nutshell, of the petitioner are that the wife of the 1st respondent Halthija Maimoon was convicted for violation of Foreign Exchange Regulation Act (herein after called as FERA) for foreign currency violations by order dated 1.9.1986 of the Additional Chief Magistrate, Madurai. The 1st respondent being the spouse of the convict, comes within the definition of relative as per the explanation 2 of section 2(2)(c) of the Smugglers and Foreign Exchange Manipulator (Forfeiture of Property) Act, 1976 (herein after referred to as the act). After recording the reasons for belief, a notice under section 6(1) of the act was issued and after giving sufficient opportunities and considering the written submissions of the 1st respondent, the competent authority/the petitioner herein passed an order dated 30.9.2005 under section 7(1) of the act for forfeiture of the properties. As against the same, the 1st respondent preferred an appeal before the 2nd respondent in FPA N































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