TMI Blog2006 (12) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... be forfeited and the alleged illegally acquired money of the appellant. As the said notice dated 15-3-1988 has to be held to be illegal appeal allowed and the impugned orders of the High Court and the concerned Authorities are set aside. 11. Hence, in view of the decision of this Court in Fatima Mohd. Amina's case (supra), the said notice dated 15-3-1988 has to be held to be illegal. Consequently the order passed in pursuance of the said notice is declared as null and void. The appeal is, therefore, allowed and the impugned orders of the High Court and the concerned Authorities are set aside. No costs. - 1318 of 2006 - - - Dated:- 14-12-2006 - S.B. Sinha and Markandey Katju, JJ. [Judgment per : Markandey Katju, J.]. - Leave grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ders in O.P. No. 27488/2000 which was allowed by the learned Single Judge of the High Court relying on the decision of the Supreme Court in Fatima Mohd. Amina (dead) through LRs. v. Union of India Anr. reported in (2003) 7 SCC 436, holding that since there is no allegation regarding the existence of any link or nexus between the property sought to be forfeited and the illegally acquired money of the deteu under the Act, the orders of forfeiture could not be maintained. 5. Against the aforesaid judgment of the learned Single Judge the competent authority and Union of India filed an appeal before a Division Bench of the High Court which was allowed by the impugned judgment, hence this appeal. 6. Learned Counsel for the appellant has inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... never the statute required reasons to be recorded in writing, then in our opinion it is incumbent on the respondents to produce the said reasons before the Court so that the same can be scrutinized in order to verify whether they are relevant and germane or not. This can be done either by annexing the copy of the reasons along with the counter-affidavit or by quoting the reasons somewhere in the counter-affidavit. Alternatively, if the notice itself contains the reason of belief, that notice can be annexed to the counter-affidavit or quoted in it. However, all that has not been done in this case. 8. It must be stated that an order of confiscation is a very stringent order and hence a provision for confiscation has to be construed strictly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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