1989 (7) TMI 124

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s of detention under the provisions of Conservation of the Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA hereafter) do not constitute any warrant for interference of this Court under Article 226(2) of the Constitution of India. 2. The basic facts are that the petitioner is a permanent resident of Bombay having residential Flat situated at Jailji Mansion, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hutni for exportation thereof to London from India. 3. Seizure of the said brown substance was made by the Officers under the provisions of the Customs Act, 1962 and Narcotic Drugs and Psychotropic Substance Act, 1988. 4. On July 9, 1987 the petitioner along with two other persons namely, Pranlal Bhaichand Timbodia and Dayaram Khata Thakkar @ Shiba were produced before the Additional Chief M....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e again the petitioner brought to the notice of the learned Court the manner in which the petitioner has been assaulted by Mr. Ahmedabadi and Mr. Patel, officers of the Directorate of Revenue Intelligence. 5. On July 31, 1987 the prayer for bail made on behalf of the petitioner was considered and the petitioner was enlarged on bail on certain conditions which are quoted below :- "I order tha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e of action has arisen outside the jurisdiction of this Court. 8. On a careful analysis of the pros and cons of the matter, I am of the view that after relying on the decision in case of Kalyan Kumar Thavarchand Shah this Court has no jurisdiction to entertain this application under Article 226(2) of the Constitution of India and accordingly, the writ application is dismissed. All interim order....