IN RE: K. RAJESH Vs. STATE

JUDGEMENT

(1.) THE Petitioner was a passenger in the Bombay Madras Express bound to a place near Cochin on the 25th of August 1968. He was travelling in the through compartment which does not touch Madras Central, but is detached at Arkonam for its onward journey to Cochin. The officers of the Central Excise, Madras detained the Petitioner at Arkonam railway station and searched him, The Petitioner had with him gold bars with foreign markings. Mahazar for the seizure was prepared at Arkonam. The Petitioner was taken to Madras in a different train. Separate ticket for his travel from Arkonam to Madras was also purchased. The offence was thus committed at Arkonam. Therefore, the Petitioner should be tried only by a Court having jurisdiction over that place. The complaint shall be returned to the complainant for presentation to the proper Court. The Criminal Revision case is allowed.