Lal Vs. State of Haryana & Anr  INSC 530 (11 November 1998)
Nanavati, S. Rajendra Babu. Nanavati, J.
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.
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.
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.
such an application is made, obviously it will have to be decided on its own
appeal is, therefore, dismissed.