Couple gets back property after 30-yr legal battle

NEW DELHI: A Gujarati couple won their fishing vessel and two houses that had been forfeited under the Smugglers and Foreign Exchange Manipulators Act (Safema), 1976 after a three-decade long legal battle. The Delhi high court on Tuesday quashed the confiscation order and directed the central government to release the forfeited property in a foreign exchange violation case. It also directed the government to release the couple’s two properties in Nani Daman (Union territory of Daman).

While quashing the May 1979 order, justice S Ravinder Bhat said: “Safema mechanically dealt with the petitioners’ explanation about his source of income...With regard to the vessel, the authority has rejected the explanation that Tandel was carrying on fishing activity.” The authority had directed forfeiture of two properties and a fishing vessel owned by Makanbhai Govanbhai Tandel and his wife Laxmiben Makanbhai. The couple had been detained under Conservation of Foreign Exchange and Prevention of Smuggling Activities (Cofeposa) Act for allegedly holding illegal properties.

“One can’t expect those engaged in such businesses to maintain records, of the standards 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.