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2017 (9) TMI 763 - HC - CustomsWrit of habeas corpus - Detention order - Jurisdiction of Court to entertain the appeal - proceedings under COFEPOSA - Held that: - As per provisions of Article 226 of Constitution of India, there are two limitations placed on the exercise of jurisdiction by this Court. Firstly, that the power is to be exercised 'throughout the territories in relation to which it exercises jurisdiction; and secondly, that the person or authority, to whom this Court is empowered to issue writ, must be within those territories i.e. amenable to its jurisdiction either by residence or location. When the aforesaid tests are applied the safe conclusion, which can be drawn in this case is that this Court lacks jurisdiction in facts and circumstances of this case. All the actions against petitioner were being taken in Mumbai. The incident had accrued in Mumbai. He has violated the provisions of law in Mumbai. He was arrested there; released on bail; and also filed writ petition before the High Court of Mumbai in that regard. Taking recourse to above provisions, the competent authority of Government of Maharashtra issued his detention order in exercise of power under Section 3 (1) of COFEPOSA Act. No part of cause of action has accrued to petitioner within the jurisdiction of this Court. The petitioner, if wants to challenge the act of competent authority which passed the order of his detention, he could approach Bombay High Court for redressal of his grievance. The jurisdiction lies only with Bombay High Court within whose jurisdiction cause of action arose and lies. The petition is dismissed on the ground of lack of jurisdiction with this Court to entertain this petition.
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