MANJEET SINGH Vs. COLLECTION OF CUSTOMS

JUDGEMENT

(1.) THE territorial limitations on the powers of the High court to issue writs, orders, or directions under Article 226 of the Constitution of India is the pivotal question involved in this writ petition.

(2.) THE facts necessary for the disposal of this question are: -That a case under the Customs Act, 1962, is pending against the petitioner at Bombay. The statement of the Petitioner under section 108 of the Customs Act, 1962, has been recorded by the concerned authority at Bombay. The petitioner was arrested under the customs Act in Bombay on 8th of March, 1985, and he secured his release on bail on 15th of March, 1985. The petitioner on his own showing, carries on the business in dry fruits at Bombay, Srinagar and Delhi. He has filed this writ petition stating that he apprehends that while at Srinagar he may be detained under the conservation of Foreign Exchange and prevention of Smuggling Activities Act, (for short referred to as "Cofeposa") on the basis of the case pending against him at Bombay pursuant to an order of detention to be issued from Bombay. According to the petitioner, the authority concerned at Bombay would not be justified to issue any order of detention against him under COFEPOSA because the allegations against him do not justify his detention. Along with the writ petition the petitioner filed an application for interim relief and a Division Bench of this court on 10 -7 -1985 stayed the arrest of the petitioner under Section 3 of the COFEPOSA on the basis of the facts mentioned in the petition, and issued notice to the respondents to show cause against the admission of the petition.

(3.) THE respondents to the writ petition are I/ - Collector of Customs New Custom House, Ballard Estate Bombay. 2/ - Additional Collector of customs New Customs House Ballard Estate Bombay 3/ - Assistant Collector of Customs New Customs, New Customs House Ballard Estate Bombay, 4/ -State of Maharashtra through the Secretary Home Department, Sachivalaya, Bombay, and 5/ - The Union of India, through the Secretary Minrstry of Home Affairs, Government of India, New Delhi.