SHARAD GANDHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Facts of the case are that the head of Budha's status of such stone has been recovered by the Customs Officers on checking at Indira Gandhi International Airport, New Delhi on 18.2.95, from a packet which was sent by the petitioner through DHL Courier. The head of Budha's statue is an antique piece, Consequently the petitioner was arrested and he was produced before Special Magistrate (Economics Offences) Jaipur, Rajasthan. The order of remand were passed by the. Special Magistrate (Economics Offences), Jaipur Rajasthan even after expiry of 15 days, form the date of arrest of (31.7.95 in the first bail application, it was argued that maximum sentence for the offence under Section 135 of Customs Act is 3 years, Therefore, it was directed the complaint be filed within one month. The application will be heard on merits on 30.8.95.

(2.) THE complaint has been filed on 23.8.95 in the court of Additional Chief Metropolitan Magistrate, New Delhi.

(3.) SHRI Dhankar, Counsel for the petitioner, has submitted that when the accused -petitioner has been deftaned under the remand order of Special Magistrate (Economics Offences) Jaipur Rajasthan, then this Court has Jurisdiction to grant bail to the petitioner. Even if it is taken that offence has been committed at Udaipur and Delhi on that ground also this Court has Jurisdiction under Section 186(b) of Cr.P.C.