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Issues:
1. Detention under COFEPOSA and SAFEMA 2. Forfeiture of properties under SAFEMA 3. Applicability of Civil Procedure Code to forfeited property 4. Evidence of property acquisition and legality Detention under COFEPOSA and SAFEMA: The appellants, as legal heirs of a detained individual, appealed against a SAFEMA order. The detenue was detained under COFEPOSA, not MISA, as contended. The notice and reasons indicated COFEPOSA detention. The SAFEMA provisions applied to the detenue, leading to the order of property forfeiture. Forfeiture of properties under SAFEMA: The competent authority directed the forfeiture of properties based on evidence and contentions. The appellants, being agriculturists, argued against the forfeiture of agricultural land under Civil Procedure Code. However, SAFEMA's overriding effect on other laws, including the Civil Procedure Code, allowed the forfeiture to proceed. Applicability of Civil Procedure Code to forfeited property: The Civil Procedure Code's section 60 on property attachment applies to decree execution, not competent authority orders. The authority's forfeiture order is not a decree, making the Civil Procedure Code inapplicable. The specific provision in SAFEMA overrides conflicting statutes, preventing the Code's invocation. Evidence of property acquisition and legality: The detenue's acquisition of the property was legally justified. Evidence showed sufficient means for property purchase, including income sources and a loan from a relative. The property was not illegally acquired, leading to the appellate tribunal partially setting aside the forfeiture order for the specific property in question. The judgment addressed issues of detention under COFEPOSA, property forfeiture under SAFEMA, Civil Procedure Code's inapplicability, and evidence supporting property legality. The tribunal's decision balanced legal provisions, evidence evaluation, and statutory interpretations to determine the property's status and rightful ownership.
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