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TMI Blog2023 (6) TMI 863X X X X Extracts X X X X X X X X Extracts X X X X ..... ourts at Delhi where the petitioner can approach with his plea. If petitioner has any grievance vis- -vis show cause notice, he has a right to contest impugned show cause notice before Commissioner of Customs (Export) New Delhi at the time of its adjudication and that apart petitioner has also an opportunity to file an appeal against the order of Commissioner of Customs under Section 129 of the Customs Act 1962 before the Appellate Tribunal - it would have been apt for petitioner to, instead of filing the instant writ petition under Article 226 of the Constitution of India before this Court, approach appropriate Court/forum, in whose jurisdiction consignment/goods have been seized at New Delhi, show cause notice issued at New Delhi and reme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Deputy Director, Wildlife Crime Control Bureau (NR) vide letter No. 10-10/WN/14/325 dated 29th May 2014 informed all suspected twenty pieces of shawls contained hair of Tibetan Antelope (Pantholopes Hodgsoni), which is prohibited and as such, were seized under and in terms of Section 110 of Custom Act, 1962, as there was reason that they were liable for confiscation under the Customs Act, 1962. So, the items were seized at New Delhi, impugned show cause notice has been issued at New Delhi. 2. Maintainability of instant writ petition has been raised during course of arguments as it is urged that cause of action has arisen at New Delhi inasmuch as the consignment/goods have been seized at New Delhi and show cause notice has also been iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lt Col Khajuri Singh v. Union of India (supra), which has been relied upon by learned counsel for petitioner. In the said case, the Supreme Court has held that the act against which the relief has been sought was clearly performed at Delhi, therefore, the Jammu and Kashmir High Court cannot exercise its jurisdiction under Article 226. 4. There is, thus, force in the submission of respondents 1 to 4 that cause of action has arisen within the territorial jurisdiction of Delhi and not State/UT of J K, so it is the courts at Delhi where the petitioner can approach with his plea. If petitioner has any grievance vis- -vis show cause notice, he has a right to contest impugned show cause notice before Commissioner of Customs (Export) New Delh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l 2015 addressed by respondent No. 2 to respondent No. 3, FIR No. RC220/2015/E-0007-CBI/EO-II/New Delhi under Sections 40, 49, 49-B and 58 read with Section 51 of the Wildlife (Protection) Act 1972 registered by respondent No. 3 against petitioner as also the notice bearing No. Rc.220/2015/E0007-CBI/EO-II/IND dated 12th June 2015, issued by respondent No. 4 to the petitioner along with proceedings initiated against him. Petitioner also prays for a direction to respondents not to proceed against petitioner on the basis of communication dated 13th April 2015, FIR No. RC220/2015/E-0007 and notice dated 12th June 2015 issued by respondent No. 4 to petitioner. 8. As noted herein above, in the instant case, the consignment/goods have been seiz ..... X X X X Extracts X X X X X X X X Extracts X X X X
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