9911796707
TMI Blog1990 (6) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner challenging the notice dated 11th May, 1978 (Annex. A) issued by the respondent No. 2, the Competent Authority, Calcutta, Smugglers Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. 2. It is contended that the purported notice is vague, devoid of particulars, and in fact, the same is not in conformity with the requirements as laid down under Section 6(1) of the said Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous provisions of the said Smugglers Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. Section 2 thereof provides the applicability of the provisions of the Act to person specified in sub-section (2). The records have been produced before this Court by the respondents that the petitioner s husband is a convict and the petitioner being the spouse of a person, who has been convicte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties. Said Section 7 further states that where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany, forthwith register a claim to the Central Government as the transferee of such shares. 5. Considering the submissions of the learned Advocates for both the sides, this Court is of the view that regard being had to the materials on record and being satisfied with the fact that the Act is applicable to the writ petitioner being a spouse of the person as covered by Clauses 2(2)(a) and (b) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if any, are vacated. It is made clear that this Court has not considered the merit of the petitioner s reply to the show cause, and the competent authority under Section 7 as above, will act and go on considering the matter on merit by extending all reasonable opportunities to the petitioner as admissible under law. The petitioner is entitled to receive copies of the reasons and all other document ..... X X X X Extracts X X X X X X X X Extracts X X X X
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