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Civil Property & InheritanceSupreme Court of India

Thanesar Singh Sodhi (D) Thr. LRs. vs. Union of India

Civil Appeal · 2023 INSC 997Decided 9 Nov 2023
Civil Appeal No. 5500 of 2011
Rajesh Bindal on the bench

Background

In 1978, a detention order was passed against the appellant's predecessor under COFEPOSA (a preventive detention law aimed at smugglers and foreign exchange offenders). Years later, the government initiated proceedings under SAFEMA to forfeit properties allegedly acquired with illegal money, ultimately forfeiting a house, a hotel, and bank deposits. The detention order itself was later revoked in 1978, but only pursuant to a settlement before the Supreme Court in which the government agreed to instead file a criminal complaint, which was itself later dismissed for lack of evidence. The appellant argued that once the underlying detention order was revoked and the criminal complaint dismissed, the SAFEMA forfeiture could no longer stand. A connected appeal (Sujata S. Shetty) raised the same core issue on similar facts.

Decision Breakdown

The Court held that Section 2(2)(b) of SAFEMA applies to any person against whom a COFEPOSA detention order was made, and only exempts them if the detention order was revoked for one of four specific statutory reasons listed in the proviso (e.g., revoked based on the Advisory Board's report, or set aside by a court). Here, the detention order had actually been upheld on merits by the Delhi High Court and became final; its later revocation was not for any of the four protected reasons but was a negotiated outcome tied to a promise to prosecute separately. The subsequent dismissal of that separate criminal complaint under the Customs Act was also held irrelevant, since it was an independent proceeding under a different law, unconnected to the SAFEMA forfeiture. Both appeals were accordingly dismissed, and the forfeiture orders were upheld.

Lesson Learnt

Revoking a preventive detention order does not automatically undo a related property forfeiture, only a revocation that falls within specific statutory grounds (like an Advisory Board's report or a court's decision on merits) removes a person from SAFEMA's reach, and success or failure in a separate criminal case does not by itself affect an independent civil forfeiture proceeding.

Thanesar Singh Sodhi (D) Thr. LRs. vs. Union of India – Legal Case Shots | LegalAware