IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.03.2026 CORAM :

THE HONOURABLE DR.JUSTICEANITA SUMANTH and THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Nos. 10845 & 8454 of 2001 and WVMP No. 211 of 2008 W.P.No. 10845 of 2001 Sheik Kamal S/o. S.S.A.Shakul Hameed, West Street, Keelakarai .. Petitioner vs

1.The Competent Authority, Smugglers, Foreign Exchange Manipulators (Forfeiture of Properties) Act, Chennai.

2.The Appellate Tribunal for Forfeited Property, New Delhi.

.. Respondents Prayer in W.P.No. 10845 of 2021: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the second respondent the Appellate Tribunal for Forfeited Property, New Delhi in the order dated 31.01.2001 made in FPA.No.72/Mds/95 confirming the findings of the Competent Authority, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, Chennai in OCA/MDS/348-351/76 dated 2.2.2000 and quash the same.

W.P.No. 8454 of 2001 Hussain Jalal @ Hussain S/o. S.S.A. Shakul Hameed, 14, Ethiraj Lane, Egmore, Chennai – 600 008.

.. Petitioner vs

1.The Competent Authority, Smugglers, Foreign Exchange Manipulators (Forfeiture of Properties) Act, Chennai.

2.The Appellate Tribunal for Forfeited Property, New Delhi.

.. Respondents Prayer in W.P.No. 8454 of 2021: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the second respondent the Appellate Tribunal for Forfeited Property, New Delhi in the order dated 31.1.2001 made in FPA.No.67/Mds/95 confirming the findings of the Competent Authority, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, Chennai in OCA/MDS/348-352/76 dated 2.2.2000 and quash the same.

For Petitioner : Mr.B.Kumar Senior Counsel for Mr.S.Ramachandran (in both writ petitions)

For Respondents : Mr.ARL.Sundaresan Additional Solicitor General assisted by Mr.B.Rabu Manohar, SCGPC for R1 R2 – Tribunal (in WP 10845/2001) Mr.ARL.Sundaresan Additional Solicitor General assisted by Ms.Sushma, SPC for R1 R2 – Tribunal (in WP 8454/2001)

COMMON ORDER (Made by Dr. ANITA SUMANTH, J.)

The challenge is to a common order of the Appellate Tribunal for Forfeited Property, New Delhi, dated 31.1.2001, confirming the findings of the Competent Authority, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, Chennai in OCA/MDS/348-

352/76 dated 2.2.2000.

2. The petitioners are sons of detenu, Shakul Hameed, who had passed away on 17.10.1994. The petitioners as well as their father /

detenu are all persons affected as per Section (2) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (Act).

Notices under Section 6(1) had been issued on 09.02.1997 to all three.

3. We are concerned specifically with the notices issued to the writ petitioners, proposing to forfeit the following lands.

SCHEDULE S.No. Description of the property Name of the present holder of property

1 2 3 Agricultural lands. S.No Extent Asst. Classification Village G.R. Patta No.

959 140/2 5.22 20.88 Wet land Nallirukkai Sri Shaik Kamal

959 140/1 1.08 4.32 -do-

959 139/1 2.20 1.78 Dry land Value of the above Rs.10,000.

SCHEDULE S.No. Description of the property Name of the present holder of property

1 2 3 Agricultural lands. S.No. Extent Asst. Classification Village G.R. Patta No.

960 146/1B 0.69 2.76 Wet lands Nallirukkai Sri

960 83/1A 0.72 3.60 “ 960 73/6A 0.34 1.70 “ 960 64/5A 0.46 2.30 “ 960 59/2A 0.40 2.00 “ 960 86/1A 0.70 3.60 “ 960 61/1A 2.03 10.15 “

Value of the above Rs.10,000.

4. The writ petitioners had, in response to the notices under Section

6(1), tendered explanations dated 31.3.1995 to the effect that they were minors when the properties had been acquired, acceding to the position that the acquisition had been in their names by the detenu. The competent authority thus forfeited the properties, being of the view that no valid explanation was tendered by them and there was a clear link est