IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION (ST.) NO. 16599 OF 2025 ANAND SUDHAKAR SUDAME 1. Zaibunissa Ebrahim Khan An adult Indian Inhabitant of Mumbai, Aged about 77 years, Residing at Flat No. 405, 406 Digitally signed by ANAND situated at Baug-e-Rehmat CHSL, SUDHAKAR Building No.16B, Kapadia Nagar, SUDAME Date: 2025.09.03 CST Road, Kurla (West), 17:49:51 +0530 Mumbai - 400 070.

2. Junaid Ebrahim Khan An adult Indian Inhabitant of Mumbai, Aged about 43 years, Residing at Flat No. 1001, situated at 10th Floor Diago CHSL, D Wing, Rizvi Complex, Sherley Ranjan Road, Bandra (West), Mumbai - 400 050.

3. Faizal Ebrahim Khan An adult Indian Inhabitant of Mumbai, Aged about 51 years, Through his Power of Attorney Holder, Junaid Ebrahim Khan Residing at Flat No.1001, situated at 10th Floor Diago CHSL, D Wing, Rizvi Complex, Sherley Ranjan Road Bandra (West), Mumbai - 400 050.

4. Imran Ebrahim Khan An adult Indian Inhabitant of Mumbai, Aged about 52 years, Residing at Flat No. 1001, situated at 10th Floor Diago CHSL, D Wing, Rizvi Complex, Sherley Ranjan Road Bandra (West), Mumbai - 400 050.

5. Afzal Ebrahim Khan An adult Indian Inhabitant of Mumbai, Aged about 51 years, Residing at Flat No. 1001, situated at 10^th Floor Diago CHSL, D Wing, Rizvi Complex, Sherley Ranjan Road Bandra (West), Mumbai - 400 050. .. Petitioners Versus

1. The Competent Authority SAFEMA/NDPS, Mittal Court, C Wing, 3rd Floor, Nariman Point, Mumbai - 400 021.

2. Central Bureau of Investigation, 13th Floor, Plot No. C - 35 A, 'G' Block, Bandra Kurla Complex, Bandra (East), Near MTNL Exchange, Mumbai - 400 098.

3. The State of Maharashtra, Through Government Pleader, High Court, Fort, Mumbai - 400 001. .. Respondents _______________________________________________________________

Dr. Sujay Kantawala a/w. Mr. Mohammed Zain Khan, Ms. Aishwarya Kantawala, Ms. Khyati Daga, Sumas Patel, Mr. Ashraf Kapoor and Mr. Danish Ansari i/b. One Legal, Advocates, for the Petitioners Ms. Manisha Jagtap a/w Ms. Mansi Joshi, Advocate, for the Respondent No. 1 Mr. Amit Munde, Spl. PP, for CBI/Respondent No. 2 Mr. Mayur S. Sonavane, APP, for the State - Respondent No. 3 CORAM : RAVINDRA V. GHUGE AND GAUTAM A. ANKHAD, JJ.

RESERVED ON : 13^th AUGUST, 2025 PRONOUNCED ON : 3^rd SEPTEMBER, 2025 JUDGMENT (PER : GAUTAM A. ANKHAD, J.)

1. Rule. Rule is made returnable forthwith and heard finally with the consent of the parties.

2. The Petitioners have filed the present Petition seeking the following reliefs:

a) This Hon'ble Court be pleased to declare that the Forfeiture Order dated 28th September 1993 passed under section 7 of SAFEMA and the release of the said Flats by the designated TADA Court to the Central Government through the Competent Authority from the Court Receiver, High Court, Bombay vide Order dated 26th March 2025 is not applicable to them, non-est and the said Flat qua Petitioners are not forfeited by the order dated 28th September

1993;

b) This Hon'ble Court in pursuance of prayer clause(a) be pleased to issue a writ in a nature of Mandamus thereby restraining the Respondents from in any manner acting on the Orders dated 28th September 1993 and 26th March 2025 i.e. taking any coercive action in respect of the said Flats, taking the possession of the same as provided under section 19 of SAFEMA or sale of the said Flats as provided under SAFEMA;

c) This Hon'ble Court during the pendency of the present petition, the effect, implementation and execution of the Orders dated 28th September 1993 and 26th March 2025 be stayed to pass an order restraining the Respondents from in any manner acting on the Orders dated 28th September 1993 and 26th March 2025 i.e. taking any coercive action in respect of the said Flats, taking the possession of the same as provided under section 19 of SAFEMA or sale of the said Flats as provided under SAFEMA.

3. Briefly stated, the facts of the case are as follows:

i) In 1980, Abdul Razak Suleman Memon purported to purchase flat