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2023 (5) TMI 402

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..... ent of property - Punishment of impresonment for offence - HELD THAT:- The issue is covered in the decision rendered by a 3-Judge Bench of this Court in UNION OF INDIA ANR. VERSUS M/S. GANPATI DEALCOM PVT. LTD. [ 2022 (8) TMI 1047 - SUPREME COURT] where it was held as under: a) Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary. Accordingly .....

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..... fiscation proceedings shall stand quashed. f) As this Court is not concerned with the constitutionality of such independent forfeiture proceedings contemplated under the 2016 Amendment Act on the other grounds, the aforesaid questions are left open to be adjudicated in appropriate proceedings. Petition disposed off. - Special Leave Petition (Civil) Diary No(s). 36746/2022 - - - Dated:- 13- .....

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