9911796707
TMI Blog1986 (8) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... for Respondent No. 2 JUDGMENT M.M. Punchhi,. 1. The Petitioner, Manjit Singh Dhingra, is in this Court challenging the order of detention dated 15th June, 1985 (Annexure P-4) passed by the State of Maharashtra under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He prays for an interim relief in the nature of stay of arrest or operation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued. The Respondents have filed replies and raised plea of jurisdiction. 4. The Learned Counsel for the Petitioner has relied on a Division Bench judgment of the Bombay High Court in N.K. Nayar and Ors. v. The State of Maharashtra and Ors. 1985 (2) Cri. 304, as also two Single Bench decisions of the Delhi and Karnataka High Courts reported as Delhi Development Authority v. Ganga Singh and Anr. 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8, Code of Criminal Procedure. On the other hand, there is a Full Bench judgment of the Patna High Court in Syed Zafr-ul Hassan and Anr. v. State 1985 Cri. L. J. 605, where the expressions "the High Court" or "the Court of Session" in Section 438, Code of Criminal Procedure, have been held to mean those Courts within whose territorial jurisdiction the accusation of having commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not approached this Court under Section 438, Code of Criminal Procedure. He is in a petition under Articles 226/227 of the Constitution of India challenging a detention order. In determining the question of jurisdiction in Sardar Ujagar Singh Sekhwan and Ors. v. The State of Punjab and Ors. Cr. W. 426 of 1986 decided on 12th August, 1986, I had expressed the following view: Furthermore, this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the same view. It is the Bombay High Court which can grant adequate relief to the Petitioner and the Petitioner is relegated to seek his remedy there. That Court has the necessary equipment to grant prompt and adequate relief to the Petitioner. That Court has all the means to expand and enquire into the subject and have its orders obeyed in a better way. 7. For the foregoing reasons, this peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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