1999 (4) TMI 579

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....ainst the order of the Competent Authority, Ahmedabad, dated August 19, 1980, under section 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), whereby properties belonging to Hasmukh Tribhovandas Gandhi who was detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), were forfeited by order dated June 25, 1976. After issuing notice to the detenu under section 6(1) dated June 16, 1979, and after considering the contentions of the detenu and the record, the impugned order was passed. The appeal filed by the detenu against the impugned order was allowed in part, only in respect of the forfeiture of an amount of Rs. 42,000 an....

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....t, issued a "no objection certificate" in respect of the previous sale transactions. The Deputy Director, appearing for the Competent Authority, submitted that the appeal filed against the impugned order for the detenu had already been dismissed and cannot be reopened once again and that the appeal is hopelessly barred by limitation. He further contends that the sale transactions in favour of the appellant and his predecessors are all void under section 11 of the SAFEMA. In order to appreciate the rival contentions it is necessary to set out section 11 of the SAFEMA : "Certain transfers to be null and void.-Where after the issue of a notice under section 6 or under section 10, any property referred to in the said notice is transfer....