IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14899 of 2010(J) -------------------------- PETITIONER(S): --------------- BEEFATHIMA, W/O. T. KASIM, RESIDING AT K. MAMMU HAJI HOUSE, P.O. PULLUR, AMBALATHARA, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. COMPETENT AUTHORITY AND ADMINISTRATOR, SAFEMA/NDPSA, MITTAL COURT, C-WING, 3RD FLOOR, NARIMAN POINT, MUMBAI - 400 021. 2. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI. GOVT. PLEADER SHRI.P.N.SANTHOSH ADV.T.P.M.IBRAHIM KHAN, Assistant Solicitor General THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 14899 of 2010 ================== Dated this the 18th day of May, 2010 J U D G M E N T The petitioner is the wife of a person who was arrested for smuggling. Subsequently, he was convicted and sentenced under the Customs Act. Thereafter, the 1st respondent initiated proceedings under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, and passed Ext.P1 order directing forfeiture of the property mentioned therein to the Government under the said Act. The petitioner challenges the same. The challenge should be repelled on the ground of delay and laches. Ext.P1 order was passed as early as on 27.6.2000 and it was issued on 30.6.2000. The petitioner has not offered any explanation whatsoever for the long delay of ten years except that she is an illiterate pardanashin lady. Even if the same is true, 10 years' delay cannot be explained by such a lame excuse. Even otherwise, the petitioner has got a statutory right of appeal against Ext.P1 before the appellate authority, even which she has not availed of. For the said reasons, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2