Union Of India vs M/S. Ganpati Dealcom Pvt. Ltd

The Supreme Court declared Section 3(2) of the Prohibition of Benami Property Transactions Act, 1988 unconstitutional for being manifestly arbitrary and violative of Article 20(1) of the Constitution. It also held that the in rem forfeiture provision under Section 5 of the unamended Act was unconstitutional and that the 2016 Amendment Act's provisions are substantive, thus applicable only prospectively. Consequently, all prosecutions or confiscation proceedings for transactions prior to the 2016 Act's enforcement were quashed, and the review petition was allowed, restoring the original civil appeal for fresh adjudication.