DIPAK BAJAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) A preliminary objection has been raised by Mr. S. D. Sanjay, Additional Solicitor General to the respondents-Union of India regarding maintainability of this writ application under Article 226 of the Contitution of India before this Court on the ground that entire cause of action arose within the territorial jurisdiction of the State of Uttar Pradesh, hence, this writ application should not have been filed in the Patna High Court.

(3.) Contention of the learned counsel is that indisputably the petitioner claims to be a non-resident Indian and a business man in the United Kingdom. The Custom Officials seized gold and foreign currency from the possession of the petitioner at LCS, Sonauli in the district of Maharajganj in the State of Uttar Pradesh near Indo-Nepal Border. The petitioner was apprehend and produced before the learned Chief Judicial Magistrate, Varanasi and sent to judicial custody on 27.05.2014. Subsequently, prosecution of the petitioner was sanctioned and launched at Lucknow. The petitioner was released on bail by the Hon'ble Allahabad High Court on 29.01.2015 vide order passed in Criminal Misc. Bail Application No. 18322 of 2014. The proceeding of adjudication for confiscation of the gold was also held and completed at Allahabad.