Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976

The appellant, Kesar Devi, wife of a smuggler detained under COFEPOSA, challenged the forfeiture of three properties under SAFEMA, arguing that the notice under Section 6(1) failed to show a nexus between the properties and the illicit proceeds of her husband and that she could also contest the COFEPOSA detention order…

Tekchand, a watch dealer, and his two sons made a voluntary disclosure of income under the Voluntary Disclosure of Income and Wealth Act, 1976 and obtained a certificate. After serving a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), they were served no…

The Competent Authority initiated forfeiture proceedings under SAFEMA against Amritlal Chandmal Jain, whose detention under COFEPOSA had earlier been challenged by several writs of habeas corpus. Although the High Court had quashed the detention order and the SAFEMA proceedings, the Competent Authority later sought to …

The Union of India appealed against a High Court order that had upheld the jurisdiction of the Special Director (Appeals) under FEMA to hear appeals against an adjudication order passed under Section 51 of the repealed FERA. The adjudication order, dated 5 December 2003, imposed a penalty on Godrej Industries Ltd. and …

The Union of India appealed against the quashing of a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Ghamandiram Kewalji Gowani, who died during the pendency of the appeal. The appellant sought substitution of the deceased’s heirs, arguing that…

Haji Mastan Mirza was first detained under the Maintenance of Internal Security Act (MISA) and subsequently under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1973 (COFEPOSA). A show‑cause notice under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976…

The husband of the petitioner was detained under COFEPOSA and challenged the detention via a writ petition. While the petition was pending, the government revoked the detention order and the Gujarat High Court dismissed the petition as infructuous without addressing its merits. After the husband’s death, proceedings un…

The Supreme Court examined the forfeiture of M/s. Platinum Theatre, a partnership firm, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. The competent authority had ordered forfeiture under Section 7 because more than 50% of the theatre's value (Rs.13.12 lakhs) remained unexplai…

Biswanath Bhatiacharya, who had been detained under COFEPOSA in the 1970s, was served a notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) to explain the source of his wealth, and later a forfeiture order was passed under Section 7. He challenged the…

The Supreme Court examined a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against the husband of Smt. Alka Subhash Gadia, who could not be served with the order because he was absconding. The wife filed a writ petition challenging both the…

The case concerned the sale of a flat owned by Tahira Sultana, the wife of a COFEPOSA detainee, to Tayab Ali, who later died and whose heirs appealed. The property had been subject to a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) and a stay was impo…

The appellant, Managing Director of an exporting company, was alleged to have misdeclared the value and description of alloy steel exports and to have routed excess proceeds through hawala, leading to investigations by the Directorate of Revenue Intelligence. He was arrested in October 2003, released on bail in January…

The Supreme Court examined the validity of a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Vinod K. Chawla, who was alleged to have evaded customs duty by under‑invoicing electronic imports and remitting proceeds thr…

The appellants, bona‑fide tenants of a property owned by Krishna Budha Gawde, challenged the forfeiture of that property under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA). Gawde had been detained under COFEPOSA and his property was declared “illegally acquired” and forfei…

The Union of India appealed against a Bombay High Court order that set aside a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the first proviso of Section 2(2)(b) rendered the proceedings non est after the detention order under the C…

The case concerned the interpretation of Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. The Competent Authority had issued forfeiture notices under Section 6(1) to the relatives of a convicted smuggler, V.P. Selvarajan, but not to the convict himself, and the High Court…

The appellant, convicted under the Customs Act for possessing smuggled gold, was served a notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 alleging that his property was illegally acquired. The authority, after a hearing, ordered forfeiture of the property …

The respondent, Harish Kumar, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 14 June 2002. He filed a writ petition challenging the detention on the ground that his representation to the Central Government, dated 27 September 2002, …

The appellants, who had secured admission to medical colleges in Madhya Pradesh through the Pre‑Medical Entrance Test (PMT), challenged the cancellation of their results and admissions on the grounds that the Vyapam Board was not validly constituted under the Madhya Pradesh Professional Examination Board Act, 2007 and …

The appellants challenged the forfeiture of their properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), arguing that the detention order against them under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) had been re…

The Supreme Court examined the forfeiture proceedings initiated against the relatives of Iqbal Mohammed Memon (alias Iqbal Mirchi) under Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellants challenged the validity of the show‑cause notices, contending that the Competent Authority had n…

The appellant challenged the forfeiture of his family’s properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the underlying detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) wa…

The Delhi Development Authority (DDA) auctioned a plot of land in 1980, which was won by Skipper Construction Company (Skipper). Skipper paid only 25% of the price, repeatedly defaulted on the balance, and despite court orders continued to sell space in the proposed building, collecting about Rs. 25 crore from purchase…

Nav Nirman Builders & Developers Pvt. Ltd. (appellant) had two parcels of land provisionally attached under the Prevention of Money‑Laundering Act, 2002 (PMLA) and a confirmation order under s.8(3) was challenged before the Appellate Tribunal under s.26. While the appeal was pending, the Enforcement Directorate filed a…

The State of Goa detained the step‑father of the respondent under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, and later, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), ordered forfeiture of the respondent's pr…

Bhagubhai Dhanabhai Khalasi was detained under the COFEPOSA Act and his properties were forfeited under SAFEMA. After the forfeiture order was cancelled, the immovable property was not returned, and respondent No.4 claimed a sale deed in his favour. The Gujarat High Court dismissed Khalasi's writ petition under Article…

The appellants purchased a flat from a detenu and his wife after notices under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) had been served, and later the Competent Authority forfeited the property under Section 7, declaring it vested in the Central Government…

The appellant, Shobha Suresh Jumani, wife of a detenu whose properties were ordered forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, filed an appeal claiming to be a "person aggrieved" under Section 12(4) of the Act and also sought maintenance under the Hindu Adoption …

The case concerned a notice issued under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) against Manoharlal Narang, who was a brother of Ramlal Narang, whose detention under COFEPOSA had been challenged. The Supreme Court examined whether a relative could raise f…

The widow of Shrikrishna Gopilal Solanki, who died while detained under COFEPOSA, challenged the forfeiture of her properties under SAFEMA. Solanki had filed a writ petition in the Bombay High Court contesting his detention order, but the petition was dismissed as infructuous on the basis of an incorrect representation…