Competent Authority under SAFEMA cannot be directed to represent the Union of India before the Tribunal.

Under SAFEMA, the Competent Authority acts only within the functions assigned by the Act and under Central Government authorisation. Its statutory role is confined to administration of the forfeiture regime, and appeals from its orders lie to the Tribunal. The Act does not empower the Central Government to direct the Competent Authority to appear as counsel or representative for the Union of India in appellate proceedings. Because the Authority performs functions of a judicial nature, requiring it to represent the Union would be inconsistent with its statutory position and may compromise its neutrality. It could not, therefore, be directed to represent the Central Government or Union of India before the Tribunal.

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Issues: Whether the Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 could be directed to represent the Union of India in the appeals.

Analysis: The Competent Authority functions only within the statutory framework of SAFEMA and is authorised by the Central Government under section 5 of the Act to discharge the functions assigned to it. Its powers and duties are confined to the provisions of the Act, and the appellate remedy from its order lies to the Tribunal under section 12(4). The scheme of the Act does not confer any power on the Central Government to issue directions to the Competent Authority in a manner that would require it to act as counsel or representative for the Union of India before the Tribunal. As the Competent Authority performs functions of a judicial nature, compelling it to represent the Union would be inconsistent with its statutory position and could place its neutrality in question.

Conclusion: The Competent Authority could not be directed to represent the Central Government or Union of India before the Tribunal.

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