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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY
V. Anandarajan, Member
Mohammed Ismail – Appellant
Versus
The Competent Authority, Chennai – Respondent
| Table of Content |
|---|
| 1. overview of the factual background of the case. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by the appellant regarding the property acquisition. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. counterarguments from the respondent disputing the appellant's claims. (Para 18 , 19) |
| 4. ratio decidendi regarding the burden of proof and necessity of nexus. (Para 20 , 21 , 22 , 28 , 29) |
| 5. court's analysis of the evidence and applicable legal standards. (Para 23 , 24 , 25 , 26 , 32 , 33) |
| 6. final decision to allow the appeal and comments on procedural aspects. (Para 34 , 35 , 36 , 37 , 38) |
FINAL ORDER
09.02.2026
The present appeal has been filed under section 12(4) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Properties) Act, 1976 (“SAFEMA”) challenging the order dated 30.06.2023 passed by the Ld. Competent Authority, Chennai, wherein the following property was forfeited:
Facts in brief
2. The brief facts of the case are that Sh. Mohammed Ismail, s/o Sh. Abubacker was detained under the provisions of Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (COFEPOSAA) by the Government of Tamil Nadu vide order dated 29.04.1999
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