| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 9 – ss. 2 6 7 8 1976 Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Smugglers and Foreign Exchange Manipulators (forfeiture of Property) Act, 1976 (13 of 1976) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 – ss. 2, 6, 7, 8, 9 – Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) – Appellant no.1-registered partnership firm comprising of appellant nos. 2 to 5 were holding the subject theatre – According to the finding recorded by the competent authority, more than 50% of the value assessed (i.e. Rs.13.12 lakhs) of the theatre has remained unexplained and accordingly the theatre was liable for forfeiture u/s. 7 of the Act, 1976 – Aggrieved by it, the partners approached High Court – Single Judge of the High Court dismissed their plea on the premise that the partners failed to disclose the source of their income and had not tendered any explanation with respect to the same – High Court upheld the order passed by the competent authority u/s. 7 r/w. 19(1) of the 1976 Act – On appeal, held: From the evidence on record, neither of the partners have justified any source from where their capital contribution was made nor the explanation was tendered by them regarding their source of income – What was tendered by the partners was disbelieved at all stages and a finding was returned that major part of their investment was income from undisclosed sources – Therefore, Authority has not committed any manifest error in forfeiting the property in exercise of power u/s. 7 of Act 1976. Smugglers and Foreign Exchange Manipulators(Forfeiture of Property) Act, 1976 – Object & purpose of – The Act has been enacted with an object to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators and for matters connected therewith or incidental thereto – At the same time, to provide an effective prevention of smuggling activities and foreign exchange manipulations which are having a deleterious effect on the national economy, it is necessary to deprive persons engaged in such activities and manipulations of their ill-gotten gains. |
| Judge | Hon'ble Mr. Justice Ajay Rastogi |
| Neutral Citation | 2023 INSC 273 |
| Petitioner | M/s. Platinum Theatre And Others |
| Respondent | Competent Authority Smugglers & Foreign Exchange Manipulators (forfeiture Of Property) Act, 1976 And Another |
| SCR | [2023] 3 S.C.R. 1084 |
| Judgement Date | 2023-03-22 |
| Case Number | 4369 |
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