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2014 (1) TMI 1021 - HC - FEMAForfeiture of property - Whether in taking over the property of the contesting respondents, the procedure established by law has been followed by the writ petitioner - proceedings were initiated under SAFEMA, 1976 - activities of smuggling and illegal export of foreign exchange through carriers - Held that:- the show cause notice issued by the writ petitioner suffers from manifest irregularity, non-application of mind and in total perversion of SAFEMA. Though this Court has held that in a given case, there is no impediment for the competent authority to file a writ petition, the said discretion must be properly exercised by the authority. It is only in cases where Tribunal's order is perverse, the question of entertaining a writ petition will arise. It is not a fit case where any interference is called for in the impugned order of the third respondent Tribunal. Section 6(1) of the SAFEMA will have to be strictly followed and the authority's satisfaction must be recorded in writing, failing which, the notice is liable to be quashed. - Writ petition dismissed.
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