9911796707
|
Home
Issues Involved:
1. Validity of forfeiture order under the Act for a conviction prior to the Act's commencement. 2. Liability of the appellant to surrender property received as a gift. 3. Applicability of exemptions and immunities under the National Defence Gold Bonds Scheme. 4. Impact of inordinate delay in the initiation and completion of proceedings. 5. Source of investment in the gold bonds. Issue-wise Detailed Analysis: 1. Validity of Forfeiture Order: The appellant's counsel argued that no valid order of forfeiture could be made under the Act for a conviction that occurred before the Act's commencement. The court clarified that under section 4 of the Act, any illegally acquired property held by an affected person either by himself or through any other person on his behalf as from the commencement of the Act is liable to be forfeited. The words "as from the commencement of this Act" apply to the holding of illegally acquired property, not the timing of the conviction. Thus, the property held by the appellant was liable to be forfeited under the Act, regardless of the timing of the father's conviction. 2. Liability to Surrender Gifted Property: The appellant contended that since the property was acquired through gifts from his father, he should not be liable under the Act. The court pointed out that under section 3(1)(c)(A), any property held by a person which would have been illegally acquired by a previous holder is also liable to be forfeited unless transferred in good faith for adequate consideration. The appellant's father transferred the gold bonds through gifts without consideration, and thus, the transfer was neither in good faith nor for adequate consideration. Therefore, the appellant's plea was not sustained. 3. Exemptions and Immunities under the National Defence Gold Bonds Scheme: The appellant argued that the gold bonds were acquired under the National Defence Gold Bonds Scheme, which provided certain exemptions and immunities. The court explained that the exemptions under the scheme were related to tax laws and did not provide immunity from other legal proceedings. Section 24 of the Act clarified that the provisions of the Act have an overriding effect over any other law. Therefore, the appellant's contention that he was protected from the application of the Act due to the Gold Bonds Scheme was without merit. 4. Inordinate Delay in Proceedings: The appellant's counsel argued that the proceedings were vitiated due to inordinate delay. The court examined the principles applicable in cases of delay and found that while there was a long delay, it was not inordinate or unjustified. The delay was explained by the time taken for the establishment of the Competent Authority Organisation, the cumbersome process of investigation, and the need for adequate opportunity for the appellant to respond. The court concluded that there was no deliberate or unreasonable delay that would render the proceedings unsustainable. 5. Source of Investment in Gold Bonds: The appellant claimed that the investment in gold bonds was from his father's savings from fishing income. The court noted that no evidence was produced to establish the financial status of the family that would justify the accumulation of 1,200 tolas of gold. The father of the appellant was not an income-tax assessee and had no established savings. The plea regarding the customary investment in gold was raised for the first time during the appeal and was not substantiated. The court found contradictions in the appellant's statements about the form of gold tendered and concluded that the acquisition of gold could not be related to any declared or known sources of income. Conclusion: The appeal was dismissed, and the forfeiture order was upheld based on the detailed analysis of the issues involved.
|
