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2025 Supreme(Mad) 4331

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S.M. SUBRAMANIAM, M.JOTHIRAMAN
Pyari Ben (Deceased) – Appellant
Versus
Appellate Tribunal for Forfeited Property – Respondent


Advocates:
Advocate Appeared:
For the Appellants : B. Kumar, V. Ramesh
For the Respondents: A.R.L. Sundaresan, Prasad Vijayakumar

Table of Content
1. writ petitions filed against property forfeiture. (Para 1 , 2)
2. arguments on legal error in evidence handling. (Para 3 , 4 , 5)
3. assessment of property source validity. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
4. burden of proof under safema. (Para 14 , 15 , 16 , 18 , 19)
5. conclusion and confirmation of forfeiture. (Para 20 , 21 , 22 , 23 , 24)

ORDER :

1. These petitions have been filed to calling for the records of the first respondent passed in F.P.A.Nos.48 & 49/MDS/95 dated 29.11.1999 and quash the same. The unsuccessful appellants before the Tribunal have preferred these writ petitions before this Court. Since the issues involved for the present writ petitions are one and the same and hence both the writ petitions were heard together and disposed of by this common order. Pending writ petitions, the petitioner died and her legal heirs were substituted as parties.

2. The case of the petitioners is as follows:

The deceased first petitioner's husband late Sri.R.Yusuf Khan was arrested and detained under the provisions of maintenance of Internal Security Act and thereafter the first petitioner's husband was arrested under the provisions of Conservation of Foreign Ex

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