9911796707
|
Home
Issues:
Challenge to detention order under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974; Jurisdictional plea raised by Respondents; Conflict of opinion regarding anticipatory bail under Section 438, Code of Criminal Procedure; Jurisdiction of the Court under Articles 226/227 of the Constitution of India. Analysis: The Petitioner challenged the detention order dated 15th June, 1985, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, seeking interim relief in the form of a stay of arrest or operation of the order. Initially, the petition was dismissed as the Petitioner failed to produce a copy of the detention order and was not detained within the jurisdiction of the Court. However, upon producing the detention order and fearing arrest within the Court's jurisdiction, the challenge was laid. The Respondents raised a plea of jurisdiction, to which the Petitioner's Counsel cited various judgments, including a Division Bench judgment of the Bombay High Court and decisions from the Delhi and Karnataka High Courts, regarding the power of the Court under Section 438, Code of Criminal Procedure, for anticipatory bail. The Patna High Court's Full Bench judgment highlighted the interpretation of "the High Court" or "the Court of Session" in Section 438, emphasizing jurisdiction based on the locale of the offence. The Court clarified that the conflict regarding anticipatory bail under Section 438 was not relevant to the present case, as the Petitioner approached the Court under Articles 226/227 of the Constitution, challenging the detention order. Referring to a previous judgment, the Court emphasized the importance of jurisdiction and the discretion to exercise it, suggesting that the Bombay High Court was more suitable to grant relief in this matter. Consequently, the Court dismissed the petition, directing the Petitioner to seek remedy in the Bombay High Court for prompt and adequate relief. In conclusion, the Court dismissed the petition, maintaining that the Bombay High Court was the appropriate forum for the Petitioner to seek relief regarding the detention order. The Court reiterated the significance of jurisdiction and the discretion to exercise it, emphasizing the availability of prompt and adequate relief in the Bombay High Court for the Petitioner's case.
|
