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december 2006

Supreme Court of India · 2006-12-14

P.P.ABDULLA vs THE COMPETENT AUTHORITY .

Citation / case number
SC 2006/11068
Court
Supreme Court of India
Petitioner
P.P.ABDULLA
Respondent
THE COMPETENT AUTHORITY .
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU S. B. SINHA

Judgment text excerpt

The Supreme Court examined the provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, particularly Section 6(1), which mandates that the competent authority must record reasons in writing for believing that properties are illegally acquired. The Court held that the absence of a nexus between the forfeited property and illegally acquired money, as established in Fatima Mohd. Amina vs. Union of India, invalidated the forfeiture orders. Consequently, the appeal was allowed, overturning the High Court's decision that had reinstated the forfeiture orders.

P.P.ABDULLA vs THE COMPETENT AUTHORITY . · Niyam