9911796707
TMI Blog2019 (12) TMI 1497X X X X Extracts X X X X X X X X Extracts X X X X ..... ities Act, 1974. In such capacity as an associate of a COFEPOSA detenu, the writ petitioner received a notice of forfeiture under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. 3. By the judgment and order impugned dated July 23, 2015 [2015 (325) E.L.T. 81 (Cal.)], the Single Bench dismissed the writ petition by referring to several Supreme Court decisions, including those reported at AIR 1994 SC 2179 (Attorney General v. Amratlal Prajivandas) and AIR 2003 SC 427 (Smt. Kesar Devi v. Union of India). Though the grounds of challenge fashioned by the writ petitioner are not discernible from the judgment impugned, which primarily contains a discussion on some of the cases decided by the Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts in India in an unauthorised manner under instructions from persons resident outside India in violation of the provisions of the Foreign Exchange Regulation Act, 1973. The grounds of detention also indicated that the writ petitioner indulged in such illegal activities in association with one Abdul Gani Vali Md. Pothiawala from whom the writ petitioner apparently received funds from time to time for making payments to various parties. 6. Though the detention order was passed on February 7, 1989, the writ petitioner appears to have dodged the same for a considerable period of time before surrendering before the appropriate authorities in January, 1996. The writ petitioner, thereafter, made a representation to the Advisory Board consti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent proceedings. 9. In exercise of the authority of judicial review, the scope for interference is rather limited. When a fact-finding authority has addressed the objections of the writ petitioner and an appellate authority has endorsed the relevant order, the High Court in exercise of its jurisdiction under Article 226 of the Constitution cannot reappraise the matter. All that the High Court seeks to ascertain is whether the procedure adopted by the authorities under the relevant statute was rational, reasonable and proper. The High Court would also attempt to find out whether due notice was given to the writ petitioner, whether he was afforded a fair hearing and a reasoned order was passed. Once the High Court is satisfied that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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