9911796707
TMI Blog2001 (5) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... mbai. It appears that the order of detention was not implemented as he was absconding. However, his detention order is neither revoked nor quashed by any court of competent jurisdiction. Thereafter, in exercise of powers conferred under sub-section (1) of section 6 of the SAFEMA, the competent authority issued notice dated December 51, 1996, to Suresh Manoharlal jumani and his wife, Smt. Shobha Suresh Jumani, to show cause why the properties mentioned therein should not be declared to be illegally acquired properties and forfeited to the Central Government under the Act. The competent authority divided the properties in two parts---(1) standing in the name of the detenue, i.e., properties mentioned as items Nos.1 to 6 ; and (2) properties mentioned as items Nos. 7 and 8, which were standing in the name of the appellant. Notice to the appellant was issued as two properties were standing in her name and as she was considered to be covered by the provisions of section 2(2)(c) of the SAFEMA. After giving opportunity of hearing and of producing relevant material evidence, the competent authority by order dated August 23, 1999, held that the properties mentioned therein stood forfeited t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o not really mean a man who is disappointed of a benefit which he might have received if some other order had been made. A 'person aggrieved' must be a man who has suffered a legal grievance, a man against whom a decision has been pronounced which has wrongfully deprived him of something, or wrongfully refused him something, or wrongfully affected his title to something." The said passage was referred to and relied upon by this court in Thammanna v. K. Veera Reddy, AIR 1981 SC 116 [1980] 4 SCC 62 and Northern Plastics Ltd. v. Hindustan Photo Films Mfg Co. Ltd. [1997] 4 SCC 452. For deciding whether the appellant-wife could be said to be a person aggrieved in the context of the scheme and statutory provisions, we would refer to the objects and reasons of the Act and also relevant provisions. The preamble to the SAFEMA reads thus (see [1976] 46 Comp Cas 118) : "An Act to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators and for matters connected therewith or incidental thereto. Whereas for the effective prevention of smuggling activities and foreign exchange manipulations which are having a deleterious effect on the nationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 4 prohibits the holding of illegally acquired property by providing "it, shall not be lawful for any person to whom this Act applies to hold any illegally acquired property either by himself or through any other person on his behalf". Sub-section (2) provides that such property shall be liable to be forfeited to the Central Government in accordance with the provisions of the Act. The procedure is prescribed under sections 6 and 7 of the Act. Section 6 provides for issuance of showcause notice to "such person" who is holding illegally acquired properties. As stated above such person would be the person who is covered by the inclusive definition under section 2(2)(c) of the Act. It also provides for issuance of notice to the other person who holds the property on behalf of "such person". Thereafter, section 7 makes it clear that the person affected is the person who holds such properties. As per sub-section (1) of section 7, the competent authority is required to determine whether the properties in question are illegally acquired properties by the "person affected". Secondly, in a case where a person affected holds any property specified in the notice through any other person a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... glers or foreign exchange manipulators were holding the said properties in their names or that such properties are illegally acquired, then to that extent, for challenging the said finding, the relative or associate can be held to be a person aggrieved by the order of the competent authority. But, a relative or associate cannot be considered to be aggrieved if the properties belonging to the smuggler or foreign exchange manipulator are forfeited under the Act. Learned counsel for the appellant, however, submitted that a Hindu wife would be having interest in her husband's property as she is having a right of maintenance from her husband's property. For this purpose, learned counsel referred to sections 18, 23 and 27 of the Hindu Adoptions and Maintenance Act, 1956. Section 18 only provides that a Hindu wife shall be entitled to be maintained by her husband during her lifetime and if she is staying separately as provided under sub-section (2), she is entitled to claim maintenance from her husband. Section 23 deals with the determination of the amount of maintenance. Section 27 provides that a dependent's claim for maintenance under the Act shall not be a charge on the estate of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
