STATE DELHI ADMINISTRATION Vs. SINHA GOVINDJI

JUDGEMENT

(1.) The respondent Shri Sinha Govindji is the proprietor of Messrs Sinha Govindji carrying on business at Bellary in Mysore State. The said firm had an office in Bombay. On 18th January, 1960, the respondent was granted a licence for import of 8 tons of Cellulose Nitrate sheets, rods. etc. of the value of about Rs. 75,000.00. The licence was "Actual User's licence", so that the goods could be consumed by the respondent himself, and he was not entitled to sell the same. He imported 44 cases of the material from London and the delivery thereof was taken in July, 1961. In December, 1961, the respondent addressed a letter to one Shri Bijay Sankar Bhargave of Sankar Brothers, Delhi, offering to sell the material at Rs. 7.00 per pound. This letter was sent by the respondent from Bombay to the purchaser in Delhi. Shri Bhargava accepted the offer by a letter which he sent from Delhi to the respondent at Bombay. According to the complaint, Shri Bhargava instructed the respondent to sent the goods offered to Delhi. On 6th January, 1962, the respondent sent one case containing the goods purchased under the said licence, through Bombay Goods Carrier, Private, Limited, and the delivery was taken by Shri Bhargava in Delhi from the Transport Company on 12th January, 1962. On 11 February. 1963, a complaint was presented by the Deputy Chief Controller of Imports and Exports, Madras, against the respondent in the Court of the Additional Chief Presidency Magistrate, III Court, Esplande, Bombay. The said Magistrate at Bombay held that circumstances of the case showed that he was not competent to take cognizance of the offence. He accordingly returned the complaint under section 201 of the Code of Criminal Procedure for presentation to the proper Court. This orders was passed on 12th March, 1963.

(2.) . It appears that the Additional Chief Presidency Magistrate, Bombay, wrote the order returning the complaint on the complaint itself; and in May, 1963, the complaint was then presented before Shri Amba Parkash, Special Magistrate 1st Class, Delhi The complaint, as presented at Delhi, was the same as was presented in Bombay and even bears the order of the said Additional Chief Presidency Magistrate. As it was a summons case, Shri Amba Parkash summoned the respondent and examined him under section 242 of the Code of Criminal Procedure. On 22nd August, 1964, the trial Court decided that no part of the alleged Offence had been committed in Delhi. He said "the import licence, whose condition is alleged to have been contravened, was issued at Madras; the goods imported under the said licence were to be utilised at Bellary, the sale of one case of the goods imported under the said licence took place at Bombay. Therefore, this Court has no jurisdiction to try this case " The concluding part of the order reads: "As I have no jurisdiction over the complaint pending before me, I hereby dismiss it ; the accused is discharged."

(3.) . At this stage, it is necessary to refer to some of the allegations made in the complaint, which have a bearing on the question of jurisdiction. The relevant paragraphs are 5,6 and 7 of the complaint, which read-