Criminal Defense of Fine in lieu of Forfeiture in Gold Smuggling Cases

Section 2 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SFEMA), 1976 is applicable to those persons who have been convicted under Customs Act (CA), 1962 or the convicted person under Customs Act (CA), 1962 has been convicted again under Customs Act (CA), 1962 and against whom an order of detention is passed under the COFEPSA. The said act is also applicable to every associate and relative of the convicted person under Customs Act (CA), 1962, or against whom a detention order has been passed under the COFEPSA. Section 4 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SFEMA), 1976 put a break on holding property that is illegally acquired property. ‘Illegally acquired property’ as per section 2(c) of the said act includes those properties, whether movable or immovable, which are acquired from income, earnings, or assets derived through smuggling. Read more