Law: Customs Act, 1969

Section: 169

Customs Act (IV of 1969)--Ss. 179 & 169---Criminal Procedure Code (V of 1898), S. 265-K---Constitution of Pakistan, Art. 199---Constitutional petition---Alternate remedy----Import of goods---Prevention of smuggling---Quashing of F.I.R.---Consignment of petitioner was seized, show-cause notice was issued, and simultaneously a criminal F.I.R. in relation to smuggling was registered against the petitioner---Order-in-original was passed against the petitioner which was set aside by Customs Appellate Tribunal on the ground that the same was in violation of S. 179(3) of the Customs Act, 1969 and entire proceedings against petitioner were declared void ab inito---Said order having not been assailed by filing of Reference within prescribed period of limitation had attained finality---Petitioner, inter alia, sought quashing of the F.I.R. registered against him whereas the Department contended that petitioner had an alternate remedy available under S. 265-K Cr.P.C., therefore Constitutional petition was not maintainable---Held, that when the show cause notice had lost any relevance and efficacy, it could not be expected that the criminal court, on the same facts and material, could take some other view---Proceedings under S. 265-K of Cr.P.C. could only be pressed if challan was pending and trial had commenced; which had not happened in the present case---Since trial had not commenced there was no occasion with the Trial Court to frame a charge, therefore, it could not be said that remedy under S. 265-K Cr.P.C. was available to the petitioner---Since matter had become redundant, it would be an illusion to send the petitioner to face trial and the case was fit and proper for exercise of Constitutional jurisdiction of High Court---High Court directed that F.I.R. against the petitioner be quashed as there was no possibility of conviction, since the matter had become redundant---Constitutional petition was allowed, in circumstances. JUDGMENT IBAD-UR-REHMAN LODHI, J.---The petitioner imported a consignment of 25 containers declared to be petroleum residue consisting of 3400 drums having net weight of 527000 kilograms from Jeddah Kingdom of Saudi Arabia. After taking…

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