NEW DELHI: After about a three-decade-long legal battle, a Gujarati couple has got its fishing vessel and two houses back with the Delhi High Court directing the Central government to release the forfeited property in a foreign exchange related matter.
Apart from the vessel, the court also directed the government to release the couple's two properties situated in Nani Daman (Union territory of Daman).
Justice S Ravinder Bhat in a judgement on Monday quashed the May 1979 order passed by SAFEMA, the competent authority, directing forfeiture of two properties and a fishing vessel owned by Makanbhai Govanbhai Tandel and his wife Laxmiben Makanbhai.
Both of them were detained under Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act for allegedly holding illegal properties, including the vessel.
Quashing the competent authority's order of forfeiture, the court said " SAFEMA mechanically dealt with the petitioner's explanation about his source of income...With regard to vessel the authority has rejected the explanation that Tandel was carrying on fishing activity".
"One cannot expect those engaged in such businesses to maintain records, of the standard expected of those who carry on trade in other commodities where regular books of account are kept or where sales or commercial tax returns have to be filed," Justice Bhat said and allowed the couple's petition challenging forfeiture order against their properties.
