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.