KHODIDAS MANSUKHLAL WADECHA Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing present petition the petitioner detenu under Article 226 of the Constitution of India, the petitioner has prayed to revoke the order of detention dated 19.12.2009 passed by the respondent No.2 the Principal Secretary (Appeals and Secretary), Home Department (Special), Government of Maharashtra in exercise of power under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) The respondent No.1 Union of India has filed counter affidavit and made preliminary objection regarding jurisdiction of this Court. Though the respondent No.2 is served, but none is present.

(3.) Learned Central Govt. Counsel Mr. V.H. Kanara for respondent No.1, has contended that from the detention order, it is established that on 29.4.2009, the Officers of AIU intercepted the petitioner at Boarding Gate No.6, while keeping surveillance on the passengers and detailed examination of hand baggage of the petitioner and checked-in baggage, it was resulted in recovery of assorted foreign currency i.e. US $ 28685, UAE Dirham 440, South African Rand 1780, Turkey Yen 90, Israeli Shekel 350, Jordan Dinar 09 and Swiss Franc 20 equivalent to Indian Rs.16,37, 570/-. During the interrogation, statement under Section 108 of the Customs Act was recorded by the Authority and admitted by the petitioner about the possession, carriage, recovery of the foreign currency under seizure. Therefore, it is argued by the learned Central Counsel Mr. Kanara that this Court has no jurisdiction to entertain this petition and the same is required to be dismissed. He has relied upon the decision in case of Madhya Pradesh State Electricity Board Vs. Shree Bharat Cooperative Bank Ltd. & Ors. reported in 2009(2) GLH 750 of the Division Bench of this Court. He has vehemently argued that the offence was committed at Bombay and muddamal was recovered from him also from such place. So this Court has no conferred jurisdiction to entertain the petition.