Supreme Court of India · 2014-01-21
Biswanath Bhattacharya vs Union Of India & Ors
- Citation / case number
- AIR 2014 SUPREME COURT 1003
- Court
- Supreme Court of India
- Petitioner
- Biswanath Bhattacharya
- Respondent
- Union Of India & Ors
- Bench
- J. Chelameswar, H.L. Gokhale
Judgment text excerpt
The Supreme Court addressed the legality of the forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, specifically examining Section 6(1) which mandates that reasons for the belief of illegal acquisition must be communicated to the appellant. The Court held that the notice issued was defective as it lacked necessary reasons, thereby rendering the forfeiture order illegal. The appeal was allowed, overturning the High Court's decision which had upheld the forfeiture.