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2006 (12) TMI 139 - SUPREME COURTIn the present case the contents of the notice, even if taken on face value, do not disclose any sufficient reason warranting the impugned action against the appellant as, in our opinion, the condition precedent for exercising the power under the Act did not exist. Hence, the impugned orders cannot be sustained. In the present case, in the notice dated 15-3-1988 issued to the appellant under Section 6(1) of the Act (copy of which is annexed as Annexure P1 to this appeal), it has not been alleged therein that there is any such link or nexus between the property sought to be forfeited and the alleged illegally acquired money of the appellant. As the said notice dated 15-3-1988 has to be held to be illegal appeal allowed and the impugned orders of the High Court and the concerned Authorities are set aside. 11. Hence, in view of the decision of this Court in Fatima Mohd. Amina's case (supra), the said notice dated 15-3-1988 has to be held to be illegal. Consequently the order passed in pursuance of the said notice is declared as null and void. The appeal is, therefore, allowed and the impugned orders of the High Court and the concerned Authorities are set aside. No costs.
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