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april 2007

Supreme Court of India · 2007-04-05

BHAGUBHAI DHANABHAI KHALASI vs STATE OF GUJARAT .

Citation / case number
SC 2006/1475
Court
Supreme Court of India
Petitioner
BHAGUBHAI DHANABHAI KHALASI
Respondent
STATE OF GUJARAT .
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the dismissal of a writ petition challenging the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) and the order of preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The Court found that the case involved disputed questions of fact regarding the ownership and transfer of the properties, which could not be resolved in the writ proceedings under Article 226 of the Constitution. The Court held that the petitioners must pursue appropriate legal remedies in a competent court to resolve these disputes.

BHAGUBHAI DHANABHAI KHALASI vs STATE OF GUJARAT . · Niyam