THANESAR SINGH SODHI SON OF SHRI JAGAT SINGH SODHI Vs. UNION OF INDIA (UOI) THROUGH THE SECRETARY TO THE
LAWS(DLH)-2010-3-537
HIGH COURT OF DELHI
Decided on
March 26,2010
THANESAR SINGH SODHI SON OF SHRI JAGAT SINGH SODHI
Appellant
VERSUS
UNION OF INDIA (UOI) THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE AND ORS
Respondents
Referred Judgements :-
KALIPADA DE V. DWIJAPADA DAS [REFERRED]ABHOY KANTA V. GOPINATH DEB [REFERRED]
NARENDER PURSHOTAM UMRAO V. B.B. GUJRAL AND ORS. [REFERRED]
KHUDIRAM DAS V. THE STATE OF WEST BENGAL [REFERRED]
SATYADHYAN GHOSHAL V. DEORANJAN DEBI [REFERRED]
MOHANLAL GOENKA V. BENOY KISHAN MUKHERJEE [REFERRED]
ATTORNEY GENERAL OF INDIA V. AMRITLAL PRAJIVANDAS AND ORS. [REFERRED]
VIKRAMAJIT SINGH V. STATE OF MADHYA PRADESH [REFERRED]
DARYAO HURMAT S O SATWA MAHENDRA LAL JAINI ROOP CHAND BRUHAN KUMAR SADASHIV RAMCHANDRA DALVI VS. STATE OF UTTAR PRADESH [REFERRED]
UNION OF INDIA VS. HAJI MASTAN MIRZA [REFERRED]
FORWARD CONSTRUCTION CO MUNICIPAL CORPORATION OF GREATER BOMBAY PRABHAT MANDAL VS. PRABHAT MANDAL REGD ANDHERI:PRABHAT MANDAL:MUNICIPAL CORPORATION OF GREATER BOMBAY [REFERRED]
UNION OF INDIA VS. MANOHARLAL NARANG [REFERRED]
STATE OF UTTAR PRADESH VS. LABH CHAND [REFERRED]
ATTORNEY GENERAL FOR INDIA VS. AMRATLAL PRAJIVANDAS [REFERRED]
MEENA JAYENDRA THAKUR VS. UNION OF INDIA [REFERRED]
KESAR DEVI VS. UNION OF INDIA [REFERRED]
DIVISIONAL CONTROLLER KSRTC VS. MAHADEVA SHETTY [REFERRED]
UNION OF INDIA VS. MOHANLAL LIKUMAL PUNJABI [REFERRED]
SWAMY ATMANANDA VS. RAMKRISHNA TAPOVANAM [REFERRED]
UNION OF INDIA VS. INDIAN JUTE MILLS ASSOCIATIONS [REFERRED]
STATE OF KARNATAKA VS. ALL INDIA MANUFACTURERS ORGANIZATION [REFERRED]
UNION OF INDIA VS. HARISH KUMAR [REFERRED]
BAIJ NATH AGGARWAL DHARAMARTH TRUST SOCIETY REGD VS. LT GOVERNOR OF DELHI [REFERRED]
JUDGEMENT
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(1.)The detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (hereinafter referred to as "COFEPOSA") was passed detaining the petitioner herein on 2nd January, 1978. This detention order had been the subject of litigation, as would be noted at the relevant stage. Subsequently, a notice under Section 6(1) of Smugglers And Foreign Exchange Manipulators (Forfeiture Of Property) Act, 1976 (hereinafter referred to as "SAFEMA") was issued to the petitioner on 10.02.1981 calling upon him to indicate the source of his earnings and assets out of which or by means of which he had acquired certain properties therein. After receiving the reply, the orders dated 16.09.1983 were passed by the respondents forfeiting the properties of the petitioner. Appeal against this order preferred by the petitioner was dismissed by the Appellate Tribunal on 02.03.1995. Challenging the aforesaid orders of the Competent Authority and Appellate Tribunal under SAFEMA, present writ petition is preferred by the petitioner. At the same time, the petitioner is also challenging the detention order passed under COFEPOSA.
(2.)Now, facts in detail:
(3.)Following the detention order dated 2nd January, 1978 (pursuant to which the petitioner was taken into custody on 3rd January, 1978 from his residence) the grounds of detention were served upon the petitioner wherein various acts of smuggling, primarily in gold, were attributed to the petitioner as well as his father Sh. Jagat Singh Sodhi. The petitioner submitted his representation against the said detention order which was rejected on 15th February, 1978. Thereafter, he filed the Crl. W.P. No. 06/1978 in this Court challenging the detention order. This writ petition was heard and dismissed vide a detailed speaking order/judgment dated 25th September, 1978.
(2.)Now, facts in detail:
(3.)Following the detention order dated 2nd January, 1978 (pursuant to which the petitioner was taken into custody on 3rd January, 1978 from his residence) the grounds of detention were served upon the petitioner wherein various acts of smuggling, primarily in gold, were attributed to the petitioner as well as his father Sh. Jagat Singh Sodhi. The petitioner submitted his representation against the said detention order which was rejected on 15th February, 1978. Thereafter, he filed the Crl. W.P. No. 06/1978 in this Court challenging the detention order. This writ petition was heard and dismissed vide a detailed speaking order/judgment dated 25th September, 1978.
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