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october 2012

Supreme Court of India · 2012-10-04

Winston Tan & Anr vs Union Of India & Anr

Citation / case number
AIR 2013 SUPREME COURT 604
Court
Supreme Court of India
Petitioner
Winston Tan & Anr
Respondent
Union Of India & Anr
Author
R.M. Lodha
Bench
Anil R. Dave, R.M. Lodha

Judgment text excerpt

The Supreme Court addressed the forfeiture of property under Section 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), involving Flat No. 4, Kamala Mansion, owned by Mohd. Ismail Shabandari. The Court held that the Competent Authority's issuance of notices under Section 6(1) of SAFEMA was valid as Shabandari was a 'person' under Section 2(2)(b) of SAFEMA, and his wife was a 'relative' under Section 2(2)(c). The Court emphasized the need for the owners to substantiate their claims regarding the lawful acquisition of the property, ultimately affirming the forfeiture order.

Winston Tan & Anr vs Union Of India & Anr · Niyam