JUDGMENT

Khalid, J. - The Union of India has brought this appeal by special leave against the Judgment of a full Bench of the Bombay High Court quashing the notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, hereinafter referred to as SAFEMA. It is necessary to set out the brief facts to appreciate the questions involved in this appeal.

2. Manoharlal Narang, the respondent in this appeal and Ramlal Narang are brothers. An order of detention was passed on 19th December, 1974, under Section 3(1) of the COFEPOSA Act, against Ramlal Narang. This order was challenged before the Delhi High Court, in Writ Petition No. 10/75 and the High Court quashed the order of detention by its order dated 30th April, 1975. An appeal was filed against that order before this Court by the Union of India. Though an application for stay was moved, this Court declined to grant stay but passed an order on the 1st May, 1975 imposing certain conditions on the movement of Ramlal Narang. On 25th June, 1975, Emergency was declared. On 1st July, 1975, a fresh order of detention was passed against Ramlal on the same facts and grounds. In the meantime th