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.