AIR 2001 SUPREME COURT 2288 ::2001 AIR SCW 2051 ::2001 BomCRSup 672 ::(2003) 1 WLC(SC)CVL 165 ::(2001) 2 MadLW(Cri) 845 ::(2001) 2 CurCriR 210 ::(2002) 2 AllCriR 1776 ::2001 (5) SCC 755 ::2001 SCC(Cri) 1334 ::2001 (2) RecCriR 806 ::(2001) 4 Scale 4 ::(2001) 1 AllCriLR 248 ::2001 (2) AllCriLR 801 ::(2001) 1 CalLT 141 ::2000 CalCriLR 425 ::2001 CalCriLR 468 ::2001 (5) Bom CR 673 ::(2001) 2 Crimes 310 ::(2001) 2 ChandCriC 168 ::(2001) 2 EastCriC 180 ::(2001) 3 Raj LW 397 ::2001 (3) SCJ 243 ::2001 (117) Taxman 349 ::2001 (2) LRI 1027 ::2001 (4) Bom LR 324 ::2001 Bom LR 4 324 ::2001 (163) Taxation 376 ::2001 (4) Supreme 36 ::(2001) 249 ITR 405 ::2001 (1) JT (Supp) 112 ::2001 (6) SRJ 439

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): B. N. Kirpal, M. B. Shah, Ruma Pal , JJJ

(A) Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (13 of 1976) , S.12(4), S.7— Forfeiture of property - Person aggrieved by order of forfeiture - Who is - Properties belonging to smuggler @page-SC2289forfeited - Wife or associate of smuggler is not person aggrieved - Appeal at her/his instance not competent - Wife cannot claim to be 'aggrieved' on ground that order affects her right of maintenance. Hindu Adoptions and Maintenance Act (78 of 1956) , S.28, S.21— Under the scheme of the Act, any person aggrieved by an order of the competent authority would mean person whose property is held to be illegally acquired under the Act and which is to be forfeited or whose legal rights qua the said property are adversely affected. Therefore, a relative or associate, who has no interest or right in such property cannot be held to be a person aggrieved. It is true that wife may be aggrieved because her husband's properties are forfeited. But that would not confer a right to file an appeal against such order. There is no infringement of her legal right. For the purposes of the Act husband and wife are different entities. If the properties standing in the name of relative or associate are forfeited on the ground that smugglers or foreign exchange manipulators were holding the said properties in their names or that s....