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Issues: (i) Whether notices issued under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 were without jurisdiction for want of disclosure in the notice itself of the reasons or materials forming the competent authority's belief; (ii) Whether the notices were liable to be interfered with at the threshold on the ground of vagueness or want of maintainability.
Issue (i): Whether notices issued under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 were without jurisdiction for want of disclosure in the notice itself of the reasons or materials forming the competent authority's belief.
Analysis: Section 6 requires the competent authority to have reason to believe, recorded in writing, that the properties are illegally acquired properties and that the person concerned is one to whom the Act applies. The statutory requirement is the recording of reasons in writing, not their verbatim disclosure in the notice. A notice is not invalid merely because it does not set out the detailed reasons, so long as the jurisdictional basis exists in the recorded reasons.
Conclusion: The notices were not invalid merely because they did not reproduce the recorded reasons or underlying material, and the challenge on that ground failed.
Issue (ii): Whether the notices were liable to be interfered with at the threshold on the ground of vagueness or want of maintainability.
Analysis: The notices sufficiently indicated that action was being taken under the statutory scheme and referred to clause (c) of Section 3(1), enabling the recipients to show cause if they were outside the Act. The Court also held that the writ petitions, challenging only the notices, did not warrant interference at the admission stage, particularly when the statutory proceedings could continue and the petitioners retained the remedy to contest any eventual forfeiture order.
Conclusion: The notices were not so vague as to justify interference, and the writ petitions were not maintainable at that stage.
Final Conclusion: The challenge to the notices under Section 6 failed, and the writ petitions were dismissed, leaving the statutory proceedings to continue in accordance with law.
Ratio Decidendi: A notice under Section 6 of the forfeiture statute is valid if the competent authority has recorded reasons in writing for its belief that the property is illegally acquired and the person affected falls within the Act; the notice need not itself disclose those recorded reasons in detail.