Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976
Section 7: Forfeiture of property in certain cases
(1) The competent authority may, after considering the explanation, if any, to the show-cause notice issued under section 6, and the materials available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties.
(2) Where the competent authority is satisfied that some of the properties referred to in the show-cause notice are illegally acquired properties but is not able to identity specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1).
(3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Act, stand forfeited to the Central Government free from all encumbrances.
(4) Where any shares in a company stand forfeited to the Central Government under this Act, then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or the articles of association of the company, forthwith register the Central Government as the transferee of such shares.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 7
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Thanesar Singh Sodhi (D) Thr. Lrs. v. Union of India and Ors.
Detention order passed under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 subsequently revoked/withdrawn, proceedings under Smugglers and Foreign Exchange Manipulators (Forfeiture of…
- Platinum Theatre v. Competent Authority Smugglers &
- Winston Tan & Anr. v. Union of India & Anr.
- Union of India and Ors. v. Mohan Lal Likumal Punjabi and Ors.
- Union of India & Ors. v. Manoharlal Narang