- (1.) This writ petition by petitioner, Brahma Pal Panchal, is filed for quashing the impugned detention order dated 25.1.2012 passed by respondent No. 2, namely, Principal Secretary (Appeals and Security), Home Department, Government of Maharashtra and Detenue Authority Mantralaya, Mumbai, Maharashtra. At the very outset, learned AGA raised a preliminary objection regarding the maintainability of this petition in this High Court, contending that this Court has no jurisdiction to hear the case, as the cause of action arose in the Maharashtra and the petitioner's son has already approached the Bombay High Court, but has failed.
(2.) According to the petitioner, this Court has full jurisdiction to entertain this writ petition as he is the permanent resident of Ghaziabad, U.P., and his office is at Ghaziabad and his all business activities are transacted here. His business premises at Ghaziabad were also searched and the seizure panchnama was also prepared at Ghaziabad. On these grounds, learned counsel for the petitioner asserted that this Court has jurisdiction to hear and decide this petition. Before entering into the main controversy, we feel it necessary that the preliminary objection raised by the learned AGA regarding jurisdiction may be considered first and decided upon.
(3.) The factual matrix of the case is that prior to 21.10.2010, approximately 6500 second-hand cranes were imported at Bombay Port by approximately 600 importers during the last five years. The Director of Revenue Intelligence, Mumbai Zonal, gathered an information that several syndicates of crane importers were involved in the evasion of customs duty by undervaluing the said imports. Based on the said intelligence, dated 21.10.2010, several simultaneous search operations were conducted by the Director, Revenue Intelligence, Mumbai Zone, Union of India, at different places, including the business premises and workshops of the petitioner at Ghaziabad. Thereafter, summonses were issued to the petitioner and proceedings under the Customs Act initiated. Ultimately, the impugned detention order was passed on 25.1.2012. After issuance of the impugned detention order, the petitioner's son, Pradeep Panchal, filed a petition, being Crl. W.P. No. 1368 of 2012, before the Bombay High Court. In the said petition, various orders were passed but the arrest of the petitioner was not stayed. On 7.9.2012, the Bombay High Court passed an order directing the learned counsel for the petitioner of that case to name the detenue himself as the petitioner. As the necessary amendments have not been carried, the said writ petition has been dismissed for non-prosecution.;