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.