Disposed

Govind v. Government of India

Orissa HC8 Mar 2019OJC/9567/1998

Case brief

AI extract

What is this about?

Petitioner challenged initiation of proceedings under the Smugglers & Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. Court permitted filing of representation relying on Hariprasad Chhopadia judgment without expressing opinion on merits and dismissed the writ petition.

What did the court decide?

Petitioner directed to approach opposite parties with representation within two weeks; coercion barred till 31.03.2019.

Govind Vs Government of India — Writ and Judicial Review | Orissa HC (2019)

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OJC No. 8736 of 1998

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08.03.2019 Heard learned counsel for the petitioner.

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By way of this writ petition, petitioner has challenged the

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initiation of proceeding against the petitioner under the Smugglers & Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 and has prayed to quash the enquiry U/s. 18 and notices U/s. 6 and 7 (under Annexures- 3 and 6) of the said Act.

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Learned counsel for the petitioner by producing a copy of the judgment of this Court in the case of Hariprasad Chhopadia Vs. State of Orissa & Anr. (OJC No. 1469 of 1985,) decided on 05. 09.1985, contended that the issue involved in this writ petition is squarely covered by the said judgment and therefore, it is prayed that the petitioner may be permitted to approach the opposite parties-authorities by way of filing representation, on which the authorities may be directed to consider and dispose of the same in view of the judgment in Hariprasad Chhopadia (supra).

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In view of the submission made by the learned counsel for the petitioner, without expressing any opinion on merit and contentions raised in this petition, we direct the petitioner to appear and approach the opposite parties-authorities within a period of two weeks from today by way of filing a representation in detail enclosing the copy of this writ petition along with copy of

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the judgment in Hariprasad Chhopadia(supra). In such event, the opposite parties-authorities shall dispose of the said representation of the petitioner on its own merit, in the light of the said judgment, if applicable to the petitioner, in accordance with law within a period of four months from the date of receipt of such representation.

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No coercive action shall be taken against the petitioner till 31.03.2019.

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With the aforesaid observation this writ petition stands disposed of.

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Urgent certified copy of this order be granted on proper application.

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.…….......………………

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( K.S. Jhaveri ) Chief Justice

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…………………..……… ( K.R. Mohapatra) Judge