RATILAL BHANJI MITHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) There are two matters before this Court. One is an application of the State of Maharashtra and the Assistant Collector of Customs, Bombay in Criminal Appeal No. 117 of 1970 for extension of time up to 31 March, 1972 for the return of the Commission for examination of some witnesses in West Germany in Criminal Case No. 42/CW of 1962 pending in the Court of the Presidency; Magistrate, Esplanade Courts, Bombay. The other is a writ petition of Mithani challenging the alleged arrangement mentioned in communication dated 13 July, 1971 from the Indian High Commissioner in London to the External Affairs Ministry, Government of India for examination of witnesses in West Germany as infraction of the provisions of Section 504 of the Code of Criminal Procedure and as violated of the petitioner's fundamental rights under Article 14 of the Constitution.

(2.) One Ram Lal Laxmi Dutta Nanda and 7 others including Mithani were alleged to have committed offence under Sec. 120-B of the Indian Penal Code read with Section 167 (81) of the Sea Customs Act, 1878 and Section 5 of the Imports and Exports Control Act, 1947 some time between the years 1959 to 1960. The gist of the offence committed is import of goods of a contraband nature of the value of Rs. 15 lakhs and above.

(3.) Mithani was arrested on 11 May, 1960 and was on bail. Ram Lal Laxmi Dutta Nanda died on 15 September, 1967.