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2010 (3) TMI 259 - BOMBAY HIGH COURTJurisdiction of high court - Smuggling of foreign currency – collusion with customs officer – writ petition u/s articles 226 and 227 of the Constitution of India versus Section 130(3) of the Customs Act, 1962 for filing the reference application in the High Court – Held that: When a forum is provided under the statute for filing of the reference application and/or appeal, there is no reason to supersede the said provision and to file the Writ Petition asking the Court to adjudicate the matter in Writ Petition under Article 226 of the Constitution of India. The Apex Court time and again held that the High Court should not entertain the Writ Petition when the statutory remedy is available to the parties in the statute, unless exceptional circumstances are made out. - petition is liable to be dismissed as it involves disputed questions of facts. But, even on the material available on record without raising any dispute with respect to that, the petition cannot succeed on merit for the reasons recorded
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