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2010 (8) TMI 795 - HC - Indian LawsWhether competent authority, in the notice issued under 6(1) of the Act, had not indicated the reasons which made him to believe that the properties are illegally acquired properties in terms of the Act? Whether the Chartered Accountant who appeared on behalf of the petitioner had produced all the records showing the income of the petitioner from out of which the burden of the petitioner under Section 8 of the Act had been discharged? Held that:- The right to hold a property, though no more a fundamental right, still, is a constitutional right under Article 300A of the Constitution of India. Depriving a citizen of his legally acquired property otherwise than in accordance with law, will be unconstitutional. Therefore, every endeavour should be made to find as to whether the properties are really illegally acquired properties from out of the earnings of the convict. The nexuses, as discussed above, should be established. It is needless to point out that while holding such an enquiry, for the purpose of deciding the above issues, the competent authority is expected to strictly adhere to the principles of natural justice also. In this case, in my considered opinion, the competent authority has given a go by to all the above basic principles resulting in injustice to the petitioner. First of all, a Chartered Accountant is not a competent person to practise as a counsel to represent the petitioner before the competent authority. In view of the above, the writ petition is allowed; the impugned orders are set aside; and the matter is remitted back to the 2nd respondent who shall hold a fresh enquiry as indicated above , afford sufficient opportunity to the petitioner to let in evidence, both oral and documentary, if any, and pass final order in accordance with law.
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