[ 1 ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.837 OF 2007 NO.837 OF 2007 NO.837 OF 2007 Union of India at the instance of Mr. S.Ravi, Presently functioning as the Competent Authority, SAFEMA/NDPSA, Mumbai, having his Office at 3rd Floor, C-Wing, Mittal Court, Nariman Point, Mumbai 400 021. ...Petitioner. Vs. 1. Shri Rajnikant Raghunath Belekar, Flat No. 11, Building No. 2, PklotNo. 14, Larsen & Tubro C.H.S. Vijaynagar, Marol, Andheri (W), Mumbai 400 059. 2. Smt. Aishwarya Rajanikant Belekar, Residing at Flat No. 11, Building No.2, Plot NO. 14, Larsen & Tubro C.H.S., Vijaynagar, Marol, Andheri (E), Mumbai 400 059. 3. The State of Maharashtra ...Respondents. Mrs. A.S.Pai Special Public Prosecutor for the petitioner. Mr. G.S.Pikale i/b.S.V.Pikale for the Respondent Nos. 1 and 2. Mrs. U.V.Kejeriwal APP for the Respondent No.3. CORAM CORAM CORAM : : : Sri R.M.S.Khandeparkar Sri R.M.S.Khandeparkar Sri R.M.S.Khandeparkar and and and Sri Sri Sri A.A.Sayed, J. A.A.Sayed, J. A.A.Sayed, J. DATE DATE DATE : July 22, 2008. : July 22, 2008. : July 22, 2008. P.C. 1. Heard. 2. By the present petition, the petitioners are seeking to quash and set aside the Judgment and Order, dated 28th February, 2007 passed by the Appellate Tribunal for Forfeited Property, New Delhi in F.P.A.No. [ 2 ] 14/BOM/2000. 3. The challenge to the impugned Judgment and Order is on the various grounds. Be it as it may, the fact remains that the impugned order was passed pursuant to the SAFEMA proceedings initiated, consequent upon the Order of detention passed against the brother of the respondent No.1. The learned advocate appearing for the respondents has placed on record a Judgment of the Delhi High Court in Writ Petition (Cri) No. 442/1997, dated 7th February, 2008 whereby the detention proceedings against the brother of respondent NO.1 have been quashed. Consequently, it is the contention on behalf of the respondents that the SAFEMA proceedings no more survives and for the same reason, the challenge to the impugned Order also is not maintainable. The learned advocate appearing for the petitioner fairly conceded that the detention order against the brother of respondent No.1 has been set aside on 7th February, 2008. The learned advocate for the respondents has also drawn our attention to the unreported decision of the Apex Court in Criminal Criminal Criminal Appeal Appeal Appeal No. 1053 of 2003 No. 1053 of 2003 No. 1053 of 2003 in the case of ASLAM MOHD. ASLAM MOHD. ASLAM MOHD. MERCHANT MERCHANT MERCHANT VS. COMPETENT AUTHORITY & ORS, dated 8th VS. COMPETENT AUTHORITY & ORS, dated 8th VS. COMPETENT AUTHORITY & ORS, dated 8th July, July, July, 2008. 2008. 2008. In the said case, the Apex Court has clearly held that the property which is said to be forfeited in such proceedings must be the one which has direct nexus with the income derived by way of [ 3 ] contravention of any of the provisions of the Act or any property acquired there from. In other words therefore unless the direct nexus between the property which is sought to be attached and forfeited under SAFEMA and the income derived by way of contravention of the provisions of Act or the property acquired by illegal activities by the detenue is established, it cannot be made subject matter of proceedings under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) and that is, what has been held by the impugned Order also. 4. Considering the same, no fault can be found with the impugned order, more particularly, bearing in mind the law laid down by the Apex Court in case of ASLAM ASLAM ASLAM MOHD. MERCHANT VS. COMPETENT AUTHORITY & ORS. MOHD. MERCHANT VS. COMPETENT AUTHORITY & ORS. MOHD. MERCHANT VS. COMPETENT AUTHORITY & ORS. (Supra), (Supra), (Supra),and on this count itself without going into the other issues sought to be raised by the parties, the petition is liable to be dismissed. 5. The writ petition is accordingly dismissed. Rule stands discharged with no order as to costs. [R.M.S.Khandeparkar,J.] [R.M.S.Khandeparkar,J.] [R.M.S.Khandeparkar,J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]