1994 (8) TMI 45 - HC - Customs

Jurisdiction upheld in gold smuggling case as court finds interconnected acts forming same transaction

The Chief Judicial Magistrate, Coimbatore had jurisdiction over a complaint involving offenses related to gold smuggling, rejecting the accused's argument ... Prosecution (Customs) - Jurisdiction - Double jeopardy Issues:1. Jurisdiction of the Chief Judicial Magistrate, Coimbatore over the complaint filed against the accused.2. Relation between two separate complaints filed in different jurisdictions.3. Quashing of the complaint under Section 482 Cr.P.C.Detailed Analysis:1. The complaint filed against the accused involved offenses under various Acts related to smuggling of gold. The accused challenged the jurisdiction of the Chief Judicial Magistrate, Coimbatore, arguing that the allegations did not bring the offense within the magistrate's jurisdiction. The accused contended that the acts forming part of a single transaction could not be dissociated from each other. The court rejected this argument, emphasizing that each act was interconnected and part of the same transaction, thus falling within the magistrate's jurisdiction. The court dismissed this ground for quashing the complaint.2. Another issue raised was the relation between a separate complaint filed in a different jurisdiction and the present complaint. The accused argued that the second complaint in a different court related to the same offenses as the present complaint and hence could not be maintained under Article 22 of the Constitution of India. The court analyzed the contents of the second complaint and found that the subject matter of the offenses differed from the present complaint. The court concluded that the second complaint did not overlap with the present case, rejecting the argument for quashing based on this ground.3. The accused sought to quash the complaint under Section 482 Cr.P.C. The court considered the submissions made by both parties and found no merit in the arguments presented by the accused. The court held that the petition failed and dismissed it. Additionally, the court addressed a reference to a judgment from the Punjab & Haryana High Court, highlighting the differences in facts and jurisdiction, ultimately concluding that the cited case did not apply to the present situation. The court allowed the petitioner to raise all points before the lower court without influence from the observations made in the order.