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2007 (9) TMI 529 - HC - Indian LawsWhether the petitioners who are purchasers are entitled for a notice before any order of confiscation/forfeiture is passed under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976? Held that:- The petitioners would fall under the category of ‘any holder’ as contemplated under sub-section (2)(e) of Section 2 and if it is read in tandem with sub-section (2) of Section 6 of the Act, they would be classified as persons, who are interested in the proceedings only so far as to avoid the forfeiture of the property. Section 9 of the Act would also contemplate fine in lieu of forfeiture. Having regard to this, I am of the view that the impugned order at Annexure ‘P’ is in violation of the Principles of Natural justice inasmuch as on the date when the order was passed on 23-6-2005, the petitioners had purchased and had come into possession of the property in question. Consequently, the impugned order at Annexure ‘P’ dated 23-6-2005 is liable to be quashed and accordingly it is quashed.The matter stands remitted to the Competent Authority to consider the case afresh.
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