9911796707
TMI Blog1994 (9) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... ign Exchange and Prevention of Smuggling Activities Act, on three occasions, namely, one by order dated July 5, 1975, a second time by detention order dated February 21, 1985, and the third time by order dated August 19, 1992. It is also a matter of record, as revealed by the impugned order of the Competent Authority, that earlier proceedings under section 6(1) of the Act were initiated against the appellant as a sequel to the detention order dated July 5, 1975.. At that time the appellant had filed her reply to the show-cause notice and also furnished evidence, but after consideration of the same the Competent Authority did not find any case having been made out to show that the property involved had been purchased out of sources earned by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r orders which were passed after considering the explanation and evidence produced by the appellant, the Competent Authority was of the view that he had every reason to forfeit this property. Hence, the order, now assailed in this appeal. While filing the appeal, the appellant urged, inter alia, that since the earlier order was not enforced and the detention order was quashed, the Competent Authority was not entitled to proceed against the appellant, and that the order now passed is illegal. In so far as this contention is concerned, we do not accept the same for the reason that subsequent detention orders give further jurisdiction to the Competent Authority to proceed against the appellant, against the affected person or a relative 'as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of this contention which we extract below for better appreciation of the argument 7.(1) The Competent Authority may, after considering the explanation, if any, to the show-cause notice issued under section 6, and the materials available before it and a after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, 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." (emphasis* supplied). A reading of this provision, does indicate an intention of the Legislature that the Competent Authority has to grant one hearing or at lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervations in this order. Nothing contained herein shall be read to imply any comment by us on the merits of the case. The copy of the order shall be forwarded to both the parties, and the Competent Authority shall give a notice of hearing to the appellant after giving her four weeks' time to attend the hearing. The Competent Authority shall fix the hearing accordingly, on receipt of copy of the order, and while issuing hearing notice to the appellant in terms of our order, the Competent Authority shall ensure that a copy of the reasons recorded, if not already supplied, is also sent to the appellant. The Competent Authority shall pass an appropriate order thereafter, within four months of the receipt of the copy of this order in his offic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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