DIRECTORATE OF REVENUE INTELLIGENCE Vs. KUMARPAL

JUDGEMENT

(1.) AT the outset, it may be noted that after some arguments, learned counsel for the petitioner stated that the petitioner abandons challenge to the orders impugned in the above captioned petitions but want a clarificatory order passed by this Court. Clarificatory order being that the proceedings conducted before the learned Metropolitan Magistrate would be preserved and the Court in which the complaint would be re -filed would proceed from the stage matter had reached in the Court of the learned Metropolitan Magistrate, Delhi. Learned counsel for the respondent states that since petitioner is now conceding that the order impugned in the petitions is a valid order, since learned Metropolitan Magistrate has held that Courts at Delhi did not have jurisdiction over the matter and hence returned the complaint, to be filed in the Court of competent jurisdiction proceedings conducted at Delhi cannot be preserved.

(2.) PERTAINING to Crl. M.C. No. 2386/2001, relevant facts are that in the year 1988 the officers of Directorate of Revenue Intelligence intercepted a goods transport vehicle being truck No. URR -1543 near Hodal, UP "Haryana border. The truck was brought to the office of the Directorate of Revenue Intelligence at CGO Complex, Lodhi Road and on examination goods, stated to be smuggled goods were seized.

(3.) ON 17.10.2000 an application was filed seeking recall of the order taking cognizance of the complaint on the ground that no part of cause of action accrued at Delhi. That the truck stated to be loaded with smuggled goods was intercepted and seized outside the territorial jurisdictions of the Union Territory of Delhi.