ISHWARLAL HIRALAL GUNDERIA Vs. UNION OF INDIA

JUDGEMENT

(1.) ISHWARLAL Gunderia, a resident of Khamgaon, District Buldana, has by this Habeas Corpus petition under Article 226 of the Constitution, challenged the order of detention passed under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("the COFEPOSA Act") against his son-in-law Haren Choksey a dealer in imported cars.

(2.) THE detenu is a permanent resident of Bombay. The order of detention dated 30th January, 1989 is served on the detenu on 3rd February, 1989. This petition filed on 1st March, 1989, came up for preliminary hearing on 3rd March 1989, on which date rule returnable on 17th April, 1989 was issued. In the return filed on behalf of respondents Nos. 1 to 3, a preliminary objection has been raised-to which our attention was drawn before the hearing on merits commenced-that Nagpur Bench should not entertain this petition since neither a seat of the detaining authority the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi is within Vidarbha Region nor has any part of cause of action arisen within that area.

(3.) HAVING heard parties at length on this issue, it seems to us that the preliminary objection deserves to be upheld. Here are out reasons :