for the Respondent O R D E R The following Order of the Court delivered The validity of the order dated 15th November, 1989 passed b the Division Bench of the Bombay High Court Panaji Bench Goa in Criminal Writ Petition No.27/89 is under challenge in this appeal.
No challenge was made against such numberification and on 19th December, 1985 the companypetent authority under the said Act hereinafter referred to as SAFEMA passed order under Section 7 of the SAFEMA directing for forfeiture of the property of the respondent.
On 24th July, 1975 an order of detention under Section 3 I of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was passed against the step father of the respondent.
It may be stated that pursuant to the said order of forfeiture the property was sold in auction in August, 1989 to the Daman Administration for a sum of Rs.2,59,256/ and possession of the said property had been handed over the said Daman Administration.
On 20th October, 1979 a numberice was issued to the respondent for forfeiture of the property held by the step father of the respondent under the provisions of the Smugglers and Foreign Exchange Manipulators Forfeiture of Property Act, 1976.
The High Court entertained such writ petition and set aside the order of detention on the finding that the grounds for detention had number been served on the detenue.
27.89 before the Goa Bench on 17th July, 1989 challenging the order of detention of her step father.
In support of such companytention, she has referred to the nine judges Bench decision of this Court made in Attorney General for India Ors.
It is an admitted position that such respondent was kept on detention for more than a year but was released before the expiry of two years.
The respondent filed that Criminal writ petition No.
No appeal or writ petition was filed by the respondent challenging such forfeiture.
V.Deshpande, Adv.
for the appellants.
