Full Judgment Text
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PETITIONER:
HARBANS LAL
Vs.
RESPONDENT:
STATE OF HARYANA AND ANR.
DATE OF JUDGMENT: 11/11/1998
BENCH:
G.T. NANAVATI, S. RAJENDRA BABU.
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Nanavati, J.
A Criminal proceeding has been initiated against the
appellant pursuant to the complaint filed by the Deputy
Collector of Customs and Central Excise, Chandigarh. The
appellant approached the Punjab and Haryana High Court for
getting the same quashed. As his contention that the court
at Ambala has no jurisdiction to try that criminal case
filed against him was not accepted by the High Court and his
application came to be dismissed, the appellant has filed
this appeal.
The contention of the appellant is that the alleged
offence as stated in the complaint took place somewhere
between Rohtak and Delhi and therefore the Court of Special
Judicial Magistrate, Ambala, can have no Jurisdiction to try
that offence. Having gone through the complaint, we find
that the main allegation against the appellant and other
accused is that in pursuance of the conspiracy between them
gold was transported from Pakistan to the place near
Bahadurgarh in Haryana. It is further stated therein that
the goods had passed through Amritsar, Rohtak and then to
Bahadurharh. Prima-facie, it appears that the goods had
passed through Ambala also. Therefore, Ambala court will
have jurisdiction to try the offence as carrying of smuggled
goods is also an offence. The High Court was, therefore,
right in dismissing the Criminal Misalliances Application
filed by the appellant.
However, it will be open to the appellant to move
the appropriate forum for transfer of the case from the
court of Special Judicial Magistrate, Ambala is likely to
cause any undue inconvenience or prejudice to the appellant.
If such an application is made, obviously it will have to be
decided on its own merits.
The appeal is, therefore, dismissed.