7.1 Under the order dated 28.03.2005 passed by the Competent Authority, Mumbai the property “Building /Structure at 24, Shabnam Guest House, Yakoob Street, Mumbai-400009”, was held and declared to be „illegally acquired property‟ within the meaning of Section 3(c) of the Act and forfeited to the Central Government free from all encumbrances. The said order dated 28.03.2005 was the culmination of the proceedings for forfeiture of the above mentioned property under SAFEMA initiated against Dawood Ibrahim Sheikh an “affected person” (AP) (also, Dawood, for short) within the meaning of Section 2(2) (b) of SAFEMA and Smt. Hasina Ibrahim Kaskar, sister of AP in whose name the property was held were the persons concerned with the above matter to whom the show cause notice under Section 6(1) ibid was issued. In the proceedings it was concluded that though the property was held in the name of Hasina Ibrahim Parkar (sister of AP/Dawood), it was acquired from the illegal funds of Shri Dawood Ibrahim Sheikh, AP who was also the real owner of the property. In the proceedings it was also noted that Shri Dawood Ibrahim Shaikh, the AP, had been declared as an absconder under subsection (1) of Section 7 of CPFEPOSA, 1974 vide order dated 17.05.1993 of the Government of Maharashtra, Home Department (Spl). Under the impugned order dated 28.03.2005, the property in question was held and declared to be an „illegally acquired property‟ within the meaning of Section 3 of SAFEMA and was forfeited to the Central Government under Section 7 of the Act free from all encumbrances. Further, in accordance with Section 19 of SAFEMA, the affected persons were also directed to surrender peaceful and vacant possession of the property to the Inspecting Officer of the Competent Authority, Mumbai or other authorized officer within 30 days of the receipt of the order.
