IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2702 OF 2007 WRIT PETITION NO.2702 OF 2007 WRIT PETITION NO.2702 OF 2007 Jayesh Karsandas Bhanushali )..Petitioner Versus Union of India & Ors. )..Respondents ---- Ms.Shilpa Kapil for the petitioner. Mr.K.R.Chaudhari with Mr.H.P.Chaturvedi for the respondents. ---- Coram : F.I.REBELLO & Coram : F.I.REBELLO & Coram : F.I.REBELLO & R.S.MOHITE,JJ R.S.MOHITE,JJ R.S.MOHITE,JJ Date : 18.01.2008. PC 1. The petitioner approached this Court to challenge the issue of the show cause notice dated 17.10.2007 under the provisions of Foreign Exchange Management Act, 1999 on the ground that the said show cause notice infracts the petitioner’s fundamental right under Article 20(2) of the Constitution of India. 2. The submission for this, is based on the assumption that earlier proceedings were initiated against the petitioner before the Commissioner of Customs (prevented) for violation of the provisions of the Customs Act. That resulted in the confiscation of the goods which were seized and imposition of penalty under Section 112(a) and/or : 2 : 112(b) of the customs Act. 3. Article 20(2) of the Constitution of India reads as under :- "No person shall be prosecuted and punished for the same offence more than once." 4. In the instant case the proceedings in adjudication are under Customs Act and provisions of Foreign Exchange Management Act, 1999, for violation of specific provisions of the Customs Act on the one hand and provisions of Foreign Exchange Management Act on the other. These are proceedings in adjudication and do not fall within the ambit of Article 20(2) of the Constitution of India. In the light of that, the petition as filed, is not maintainable and consequently, dismissed. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)