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2024 (4) TMI 660 - HC - FEMAValidity of SAFEMA proceedings - petitioners submitted that the detention order have been quashed - HELD THAT - As respondent No. 1 does not dispute the fact, that the detention order quashed by the Delhi High Court has attained finality, inasmuch as, the Apex Court has confirmed the quashing of the detention order passed by the Delhi High Court. Also does not dispute that in view of the aforesaid, the attachment of the properties under SAFEMA, will not survive. ORDER - The impugned order passed by the Competent Authority under Sections 7 and 19 of the SAFEMA as well as the order passed by the ATFP, are quashed and set aside - SAFEMA authorities to release the attachments and handover the monies attached by them to the petitioners, at the earliest and in any event within four weeks from today.
Issues involved: Quashing of orders u/s 7 and 19 of SAFEMA and release of attached properties and monies.
Summary: The petitioners sought to quash the impugned orders dated 3rd February 2000 by the Competent Authority u/s 7 and 19 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SAFEMA), as well as the order dated 21st September 2001 by the Appellate Tribunal for Forfeited Property (ATFP). The SAFEMA proceedings were initiated based on a detention order against the petitioners, which was later quashed by the Delhi High Court and confirmed by the Apex Court. The petitioners argued that since the detention order was quashed, the SAFEMA proceedings were not maintainable, and the property should be returned. The respondent did not dispute the finality of the quashed detention order and agreed that the attachment of properties under SAFEMA would not survive. Consequently, the court allowed the petition, quashed the impugned orders, and directed the SAFEMA authorities to release the attachments and hand over the attached monies to the petitioners within four weeks, along with accrued interest as per SBI Guidelines. The judgment was delivered by REVATI MOHITE DERE, J., and MANJUSHA DESHPANDE, J. The petition was allowed, and the impugned orders were quashed and set aside. The SAFEMA authorities were instructed to release the attachments and hand over the monies attached to the petitioners within four weeks, along with accrued interest as per SBI Guidelines. The petition was disposed of, and all concerned parties were directed to act on the authenticated copy of the judgment.
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