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TMI Blog2022 (7) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... s before us are widows and facing stringent provisions of the Benami Property Act, it would meet the ends of justice if the Adjudicating Authority on receipt of application of the petitioners call for the relevant documents/evidence from authorised authorities including the Special Investigation Team and thereafter hand over copies of the same to the petitioners so as to enable them to make effective defence. Accordingly following directions are issued: (i) Petitioners shall submit application(s) before the Adjudicating Authority within two (02) weeks from today mentioning therein the documents required for their defence and in whose custody the documents are being kept. (ii) On receipt of such application(s), the Adjudicating Auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... briefly referred to hereinafter as the Benami Property Act ). 3. By the aforesaid orders, 5th respondent exercising powers under Section 18(2) of the Benami Property Act has provisionally attached the properties mentioned in the aforesaid orders till such time orders are passed by the Adjudicating Authority under Section 26(3) of the Benami Property Act. 4. Thereafter reference was made to the Adjudicating Authority under Section 24(5) of the Benami Property Act, following which the Adjudicating Authority issued notice to the petitioners. 5. Learned counsel for the petitioners submits that the relevant documents were seized by Special Investigation Team led by the Assistant Commissioner of Police following encounter on 08.08.2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e issued under sub-section (1); (b) Making or causing to be made such inquiries and calling for such reports or evidence as it deems fit; and (c) taking into account all relevant materials, provide an opportunity of being heard to the person specified as a benamidar therein, the Initiating Officer, and any other person who claims to be the owner of the property, and, thereafter, pass an order- (i) holding the property not to be a benami property and revoking the attachment order; or (ii) holding the property to be a benami property and confirming the attachment order, in all other cases. 8. From a perusal of the above, it is seen that the Adjudicating Authority is empowered to make or cause to be made inquiries and to call f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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