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In an order passed last week on March 26, special TADA court judge V D Kedar said the "possession of the immovable properties needs to be handed over to the central government".
The properties forfeited to the Centre are "free from encumbrances" and as such the "Central government through the competent authority is entitled to get possession of 14
immovable properties," the order said. The competent authority, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, SAFEM (FOP) Act, had sought the
release of the properties. The plea said the function of the SAFEM (FOP) Act is to trace the illegally acquired properties of smugglers and drug traffickers and order for their forfeiture to
the central government. The forfeiture proceedings were initiated against Memon on the basis of a detention order issued by the Maharashtra government in 1992 under provisions of the
Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974, it said. Thereafter, the competent authority in 1993 ordered the forfeiture of various properties under the SAFEM
(FOP) Act. However, subsequently the said properties were in 1994 attached by the special TADA court, conducting trial in the 1993 Mumbai bomb blasts case, and were in the possession of the
high court since then, it said. The court had issued notices to Tiger Memon and his family in regard to the competent authority's plea. They, however, did not file any response.
