Case Law Details
Ali Shah Vs Union of India Th. Secretary (Jammu & Kashmir And Ladakh High Court)
Jammu-Kashmir and Ladakh High Court held that as the seizure of shawls containing prohibited material took place in Delhi, therefore, Delhi Court will be having jurisdiction in the matter and not the court of Jammu-Kashmir and Ladakh.
Facts- One consignment of Pashmina Embroidered Ladies Shawls were presented for clearance for export to Switzerland to Customs Authorities at IGI Airport, New Delhi and on examination by the Wildlife Crime Control Bureau (Northern Region), New Delhi, it was observed that out of 33 shawls, 20 shawls appeared to be a mixture of Shahtoosh and the fact as to whether the goods contained objectionable yarn or not, the shawls were sent for a forensic test. The Regional Deputy Director, Wildlife Crime Control Bureau, certified that all suspected twenty pieces of shawls contained the hair of the Tibetan Antelope (Pantholopes Hodgsoni), which was prohibited, as there was a reason that they were liable for confiscation under the Act, as such, those shawls were seized in terms of Section 110 of the Customs Act, 1962, in New Delhi.
A show cause notice was issued by the Commissioner of Customs (SIIB), Air Cargo Export, New Delhi (Special Intelligence & Investigation Branch) to the petitioner-appellant, who had dispatched the seized consignment from Srinagar to be delivered in Switzerland.
The respondent-Regional Deputy Director, Wildlife Crime Control Bureau (NR), New Delhi, issued communication to respondent-Superintendent of Police, Central Bureau of Investigation (CBI), New Delhi, who registered a case u/s. 40, 49, 49-B, and 58 read with Section 51 of the Wildlife (Protection) Act, 1972, based on which a notice was issued to the appellant-petitioner by the respondent-Inspector of Police, New Delhi, alongwith the proceedings initiated. These notices and the FIR were also challenged by the appellant-petitioner before this Court.
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