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2018 (10) TMI 2017 - HC - Benami PropertyBenami transactions - provisional attachment orders - procedure the authorities have adopted in passing the impugned provisional attachment order - HELD THAT:- Section 5 and Section 27, as can see, deal with confiscation. We are afraid, it is premature for this Court to examine the issue on the principles of confiscation. What has so far been effected is only a provisional attachment. And it was u/s 24(4)(b)(i) of the Act. Even otherwise, a judicial or quasi-judicial authority has inherent power to preserve all that affects the lis or adjudication: to maintain status quo until the dispute is dissolved or resolved. Here, in fact, the Ext. P3 order of provisional attachment has statutory backing under Section 24(4)(b) of the Act. Petitioner's grievance concerns the authority's alleged violation of Section 5 or its inapplicability - Section 5 speaks of confiscation of any property, suspected to be Benami property. First, the authorities have not yet determined whether the property is Benami; second, Section 5 concerns confiscation, but the proceedings are at a preliminary stage--provisional attachment. We have, not yet reached the stage of confiscation. Indeed, it takes an elaborate procedure of hearing and adjudication for the authorities to confiscate any property. Must, then, hold that even Section 27 concerns only with confiscation and vesting of benami property. And we have not reached that stage, yet. No merit in the writ petition. We however, clarify that as the writ petition was dismissed on the premise it is premature, it does not affect the petitioner's right to approach the adjudicating authority, that is the 3rd respondent or any other competent authority, to put forward its defence, and prosecute the matter.
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