Notice to attach Swapna’s property dropped, Kerala HC told

KOCHI:  The Union government on Monday informed the Kerala High Court that it has withdrawn the notice issued to Swapna Suresh for forfeiture of her property under section 6 (1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEM (FOP) A). Justice Bechu Kurian Thomas recorded the submission and disposed of the petition filed by Swapna, an accused in the Thiruvananthapuram gold smuggling case, seeking to quash the notice and intimation for a personal hearing.

According to her, the authority under the act had issued a notice asking her to show cause as to why her 3.60-acre property in Thycaud, Thiruvananthapuram should not be declared as illegally acquired and forfeited to the Centre under the Act. The provisions of the Act had exempted those accused whose detention order passed under the Conservation of Foreign Exchange and Provisions of Smuggling Activities Act (COFEPOSA), 1974 had been set aside by a court. 

The HC had quashed the order detaining her as well as the order of the advisory board confirming the validity of the detention. 

Therefore, the notice issued by the authority was illegal. Because the proceedings have been dropped the competent authority — SAFEM (FOP) A and NDSPA — is bound to intimate the village officer, Thycaud about the proceedings and direct withdrawal of the attachment already recorded. The village officer is bound to delete all entries of forfeiture imposed on the property.