PANKAJ SHUKLA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Sri P.Chidambaram, learned Senior Counsel assisted by Sri Gaurav Kakkar, learned counsel for the petitioner and Sri Ashok Mehta, learned Assistant Solicitor General of India assisted by Sri C.K.Jha, learned counsel for the respondent no.1.

(2.) This writ petition has been filed by the petitioner- Pankaj Shukla who is the Director of M/s Awantika Pharma with a prayer to issue a writ order or direction in the nature of certiorari quashing the summon dated 13.05.2016 issued by the respondent no.3 in the exercise of his power under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred for the sake of brevity as NDPS Act in connection with NCBF No. 7/NCB/KOL/2016-2155 (Annexure No. 1 to the writ petition). Further prayer has been made for issuing a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in pursuance of the impugned summon dated 13.05.2016 and restraining the respondents from proceeding any further in pursuance of the complaint and the summon dated 13.05.2016 issued by respondent no.3 under Section 67 of the NDPS Act in connection with the aforesaid investigation/ inquiry.

(3.) Sri Ashok Mehta, learned Assistant Solicitor Genral of India appearing on behalf of the respondent no.1, Union of India has raised a preliminary objection that since no part of cause of action giving rise to the present writ petition having arisen within the territorial jurisdiction of the Allahabad High Court, this writ petition is liable to be dismissed on the ground of lack of territorial jurisdiction of this Court to entertain this writ petition.