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january 2014

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.

Biswanath Bhattacharya vs Union Of India & Ors · Niyam