Law:

Section:

(a) Interpretation of statutes--- -----Mandatory and directory nature of statute, ascertainment of---Principles ---Affirmative or negative character of the language in which the provision is couched has to be seen in this behalf---If the language is negative i.e., if the statute enacts that certain action shall be taken in a certain manner and in no other manner, the requirements are absolute and to neglect them will invalidate the whole procedure---If on the other hand the language is affirmative, the statute may be considered as directory in nature. Atta Muhammad Qureshi v. Settlement Commissioner Lahore Division PLD 1971 SC 61 ref. (b) Prevention of Smuggling Act (XII of 1977)--- -----Ss. 30, 31 & 32---Constitution of Pakistan (1973), Arts. 9 & 24---Administration of justice---Principles---Things should be done as they are required to be done or not at all---While dealing with the laws empowering to deprive a person of life, liberty and property, the mandatory requirements of law must be strictly adhered to, because such action is to be taken keeping in view Arts. 9 and 24 of the Constitution which provide that no person shall be deprived of life, liberty or property save in accordance with law. Messrs Adnan Enterprises v. Anti-Narcotics Force Special Criminal Appeal No.32 of 1996 ref. (c) Prevention of Smuggling Act (XII of 1977)--- ----S. 31---Notice to person holding property suspected to be acquired by smuggling---"Reasonably suspected"---Interpretation---Every word used. by Legislature in the statute is to be assigned a meaning---When the Legislature has deemed fit to prefix the word suspected with expression ,reasonably" then it is incumbent on the Special Judge to ensure that the suspicion is not merely subjective but it is objective and the suspicion is substantiated with the material which appears to be reasonable. (d) Prevention of Smuggling Act (XII of 1977)--- ---Ss. 31 & 32---Notice issued by the Special Judge to the appellants under S.31 of the Prevention of Smuggling Act, 1977---Validity---Special Judge on having received information from the Inspector Assets, Anti-Norcotic Force, had on the same day issued notice to the appellants…

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