Supreme Court of India · 2003-07-31
Smt. Kesar Devi vs Union Of India & Ors
- Citation / case number
- AIR 2003 SUPREME COURT 4195
- Court
- Supreme Court of India
- Petitioner
- Smt. Kesar Devi
- Respondent
- Union Of India & Ors
- Author
- G.P. Mathur
- Bench
- S. Rajendra Babu, G. P. Mathur
Judgment text excerpt
The Supreme Court upheld the provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), specifically Section 6(1) and Section 7(1), affirming that the competent authority can forfeit properties if they are found to be owned by individuals involved in smuggling activities. The Court clarified that the burden of proof lies on the alleged owner to demonstrate the legitimate source of income for property acquisition. The appeal was dismissed, affirming the forfeiture orders against the appellant's properties based on the findings that they were indirectly owned by her husband, Jagannath Sharma, who was involved in smuggling.