VidhiSangh

Supreme Court of India · 23/08/2022

UNION OF INDIA & ANR. versus M/S. GANPATI DEALCOM PVT. LTD.

[2022] 12 S.C.R. 320 · 2022 INSC 853

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Summary

The Union appealed against a High Court order quashing a notice issued in 2017 under Section 24(1) of the amended Benami Act in respect of property bought in 2011. The Court held that the criminal provision in Section 3(2) and the in rem forfeiture provision in Section 5 of the unamended 1988 Act were unconstitutional from inception as manifestly arbitrary, so they were never workable law. The 2016 amendment is substantive, not procedural. Its penal provisions and its in rem confiscation, being punitive, operate only prospectively from 25.10.2016 under Article 20(1). No prosecution or confiscation can be started or continued for transactions entered into before that date, and all such proceedings stand quashed. The appeal was disposed of on these terms.

Issues

  1. Whether Sections 3 and 5 of the Prohibition of Benami Property Transactions Act, 1988 as originally enacted were constitutionally valid.
  2. Whether the 2016 Amendment Act was merely procedural or clarificatory, so that it could apply to transactions entered into before 25.10.2016.
  3. Whether confiscation under Section 5 read with Chapter IV of the amended Act is punitive, so that Article 20(1) bars its retroactive application.

Provisions considered

Held

Result

Appeal disposed of. The impugned notice falls with the declaration that no prosecution or confiscation can be initiated or continued for pre-25.10.2016 transactions, and other questions on the 2016 forfeiture scheme are left open.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 320.