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2004 (2) TMI 653 - SC - FEMAWhether order dated 31.8.1995 passed by the Competent Authority under Section 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (in short ’the SAFEMA’) against respondent nos. 1 and 2 was not sustainable in law? Whether the order of detention could be challenged subsequent to the disposal of the earlier writ petition on the ground that it had become unfructuous? Held that:- SAFEMA applies when the revocation is based on the report of the Advisory Board. As the factual position noted above goes to show, the revocation was only in terms of Section 11(1)(b) of COFEPOSA. Such revocation when is done by the Central Government as in this case is really unrelated to a report of the Advisory Board. On the factual position, none of the three situations indicated in the first sub-clause of the said proviso are applicable. The inevitable position is, therefore, crystal clear that the proviso to clause (b) of sub-section (2) of Section 2 SAFEMA had no application to the facts of the case as held by the High Court. To that extent the judgment of the High Court is indefensible and is set aside. According to learned counsel for appellants position has been settled beyond doubt that it is impermissible in view of what has been stated in Attorney General’s case [1994 (5) TMI 235 - SUPREME COURT] . This submission deserves no serious consideration, being one made in disregard of the view taken already by this Court. We find that the effect of said decision was considered in the two decisions relied upon by learned counsel for respondent nos. 1 and 2. The view taken in Amritlal Chandmal Jain’s case (1998 (4) TMI 530 - SUPREME COURT) and Karimaben K. Bagad’s case (1998 (7) TMI 680 - SUPREME COURT OF INDIA) does not call for any further or fresh look or consideration – the same being not only just and reasonable but quite in conformity with the basic tenets of Rule of Law but commends for our respectful acceptance, as well - Appeal allowed - remit the matter back to the High Court for fresh adjudication on merits as to the legality and validity of the orders of detention, for the purpose of applying the provisions of SAFEMA against the respondents or the properties concerned.
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