SHRI TEKCHAND ETC. vs THE COMPETENT AUTHORITY

The Supreme Court held that the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) applies to individuals detained under COFEPOSA regardless of whether the detention occurred before or after the commencement of SAFEMA. The Court clarified that the immunity conferred by the Voluntary Disclosure of Income and Wealth Act, 1976 does not extend to proceedings under other enactments, including SAFEMA. Consequently, the appeals by the appellants were dismissed, affirming the forfeiture of properties as per the orders of the authorities.