VidhiSangh

Supreme Court of India · 09/11/2023

THANESAR SINGH SODHI (D) THR. LRS. versus UNION OF INDIA AND ORS.

[2023] 14 S.C.R. 777 · 2023 INSC 997

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Summary

The Supreme Court upheld property forfeitures under SAFEMA despite later revocation of COFEPOSA detention orders. Only the specific revocation or judicial-setting-aside contingencies in the proviso to Section 2(2)(b) remove the relevant basis for SAFEMA’s application; none applied here. Discharge from a separate criminal complaint and withdrawal of customs and gold-control penalties did not invalidate the independent forfeiture proceedings.

Issues

  1. Whether any later revocation of a COFEPOSA detention order made SAFEMA proceedings untenable.
  2. Whether discharge from the separate criminal complaint and withdrawal of penalties affected forfeiture under SAFEMA.

Provisions considered

Held

Result

Both appeals dismissed; impugned High Court decisions upholding forfeiture left undisturbed. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 777.