Section 12 of SAFEMA, Smugglers Act : Section 12: Constitution Of Appellate Tribunal

Explanation using Example

Imagine a business owner, Mr. Sharma, whose property has been confiscated by the competent authority under Section 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, due to allegations of his involvement in smuggling activities. Mr. Sharma believes the order is unjust and wants to challenge it.

He learns that he can file an appeal to the Appellate Tribunal constituted under Section 12 of the same Act. The Tribunal, which is made up of senior government officers and chaired by a former Judge of the Supreme Court or High Court, will hear his appeal.

Mr. Sharma files his appeal within the stipulated 45-day period after the order was served to him. The Appellate Tribunal schedules a hearing, giving Mr. Sharma a chance to present his case. After reviewing the facts and hearing Mr. Sharma's arguments, the Tribunal has the authority to either confirm, modify, or set aside the original order as per their findings.