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2008 Supreme(P&H) 2139

HEMANT GUPTA, AUGUSTINE GEORGE MASIH
Dilsher Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Shri A.K. Chopra, Senior Advocate with Ms. Rupa Pathania, Advocate for the petitioners.
Shri D.D. Sharma, Advocate for respondents No.1 & 2.
Ms. Ambika Luthra, Assistant Advocate General, Punjab for respondents No. 3 to 5.

JUDGMENT

HEMANT GUPTA, J.

1. The challenge in the present writ petition is to the order dated May 08, 2008, Annexure P-4, whereby competent authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short “SAFEM (FOP) Act”), has directed the State of Punjab to take over possession of forfeited properties of the offenders under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short “COFEPOSA Act”) and SAFEM (FOP) Act.

2. The petitioners or their predecessors-in-interest have purchased land through separate sale deeds from Amolak Singh, Raghbir Singh sons of Mehain Singh; Gurmej Kaur w/o Mehain Singh, Narinder Kaur d/o Mehain Singh and Inderbir Kaur d/o Kashmir Singh, all heirs of Mehain Singh. Mehain Singh died in the year 1981. The sales were completed between June 04, 2001 to December 18, 2001. The petitioners have averred that they have purchased the land in good faith and after ascertaining the ownership of their vendors and their power to transfer the same to the petitioners. As per revenue record, the land was free from encumbrances. Even mutations were duly entered and sanctioned on behalf o























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