Home Case Index All Cases FEMA FEMA + SC FEMA - 2003 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2003 (1) TMI 657 - SC - FEMAWhy forfeiture of one-tenth property of the appellant shall not be effected? Held that:- As going through the reasons recorded by the Competent Authority alongwith the show cause notice no averments found to the effect that the property acquired by the appellant is a benami property of her son or the same was illegally acquired from her son. The contents of the said notices, even if taken at their face value do not disclose any reason warranting action against the appellant. No allegation whatsoever has been made to this effect that there exists any link or nexus between the property sought to be forfeited and the illegally acquired money of the detenu(s). As the condition precedent for initiation of the proceeding under SAFEMA did not exist, the impugned orders of forfeiture cannot be sustained. In that view of the matter, the appeals deserves to be allowed.
|