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of <h1>Court Allows Delay in Case Related to Prior Judgment</h1> SC condoned the delay in the case related to issues covered by a prior judgment in 2023. The petitions and pending applications were disposed of ... Constitutional validity - Amendment to Prohibition of Benami Property Transactions Act, 1988 as amended by the Benami Transactions (Prohibition) Amendment Act, 2016 - retrospective or prospective effect - Attachment of property - Punishment of impresonment for offence - HELD THAT:- The issue is covered in the decision rendered by a 3-Judge Bench of this Court in UNION OF INDIA & ANR. VERSUS M/S. GANPATI DEALCOM PVT. LTD. [2022 (8) TMI 1047 - SUPREME COURT] where it was held as under: a) Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary. Accordingly, Section 3(2) of the 2016 Act is also unconstitutional as it is violative of Article 20(1) of the Constitution. b) In rem forfeiture provision under Section 5 of the unamended Act of 1988, prior to the 2016 Amendment Act, was unconstitutional for being manifestly arbitrary. c) The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions. d) In rem forfeiture provision under Section 5 of the 2016 Act, being punitive in nature, can only be applied prospectively and not retroactively. e) Concerned authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the 2016 Act, viz., 25.10.2016. As a consequence of the above declaration, all such prosecutions or confiscation proceedings shall stand quashed. f) As this Court is not concerned with the constitutionality of such independent forfeiture proceedings contemplated under the 2016 Amendment Act on the other grounds, the aforesaid questions are left open to be adjudicated in appropriate proceedings. Petition disposed off. The Supreme Court of India in 2023 condoned the delay in the case. The petitions raised issues covered by a previous judgment. The petitions have been disposed of along with any pending applications.
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