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january 2014

Supreme Court of India · 2014-01-21

BISWANATH BHATTACHARYA vs UNION OF INDIA .

Citation / case number
SC 2007/26194
Court
Supreme Court of India
Petitioner
BISWANATH BHATTACHARYA
Respondent
UNION OF INDIA .
Author
Chelameswar
Bench
J. CHELAMESWAR H.L. GOKHALE

Judgment text excerpt

The Supreme Court addressed the legality of property forfeiture under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, specifically Section 6(1) and Section 7(1). The Court held that the notice issued under Section 6(1) was invalid as it lacked the necessary reasons for the belief that the appellant had illegally acquired the properties, thus affirming the High Court's decision to set aside the forfeiture. The appeal was dismissed, maintaining the High Court's ruling that the forfeiture was illegal due to procedural deficiencies.

BISWANATH BHATTACHARYA vs UNION OF INDIA . · Niyam