2011 (8) TMI 818

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..... Terdal, Advocates, for the Appellant. Ms. Rekha Pandey, Advocate, for the Respondent. [Order]. - Leave granted. Heard. 2. One Champalal Shah was prosecuted for involvement in smuggling of 11000 tolas of gold which was seized on 30th/31st May, 1965 and was convicted under Customs Act, 1962, which was ultimately upheld by this Court on 12-8-1981. 3. The competent authority under th....

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....ith some modifications by order dated 20-3-1985. Respondents filed writ petitions challenging the forfeiture proceedings. A Division Bench of the Bombay High Court, by a brief order dated 6-1-2009 (amended on 19-3-2009) allowed the writ petitions in terms of the order in Union of India v. Rajnikant Raghunath Belekar & Anr. (W.P. No. 837/2007 decided on 22-7-2008). Feeling aggrieved, the Union of I....

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....the income derived by way of contravention of the provisions of the SAFEM Act, or the acquisition of the property by the person concerned by illegal activities, was established, the property could not be made subject matter of proceedings under SAFEM Act. For this purpose, in Rajnikant R. Belekar relied upon the decision of this court in Aslam Mohd. Merchant v. Competent Authority & Ors. (2008) 14....

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....eneral for India v. Amratlal Prajivandas, 1994 (5) SCC 54, Fatima Mohamed Amin v. Union of India, (2003) 7 SCC 436, Kesar Devi v. Union of India, (2003) 7 SCC 427 and other cases and the High Court had not considered any of those decisions. 7. We find considerable merit in the submission of the appellant. The High Court has not referred to the facts, nor considered the validity of the notice....