Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-- ----------Ss. 9(c), 48 & 72---------Customs Act (IV of 1969), S.185-F---------Criminal Procedure Code (V of 1898), S.417 (2A)---------Notification SRO 486(1)/2007, dated 9-6-2007---------Appeal against acquittal---------Maintain-ability---------Locus standi---------Director of Intelligence---------Accused persons were alleged to have transported poppy seeds for which Customs officials filed case under the provisions of Control of Narcotic Substances Act, 1997--------- Both the accused were acquitted by Trial Court and Director Intelligence of Customs filed appeal against acquittal---------Validity---------It might be that appellant being Director Intelligence and Investigation Federal Board of Revenue, in his view was a person aggrieved by the order of acquittal so as to fall within the purview of S.417 (2A), Cr.P.C:---------It was the Federal Board of Revenue that lodged FIR, filed Challan and prosecuted the case and as such was the most concerned with the outcome of the case---------When acquittal came in the Director Intelligence had every right to feel aggrieved and dissatisfied with acquittal order which related to a customs case although triable under Control of Narcotic Substances Act, 1997---------Appellant could only file appeal in his capacity as Director under S.185-F of Customs Act, 1969, read with notification SRO 486(I)/2007, dated 9-6-2007, but was not entitled to file an appeal through or on behalf of the State which could only have been done by a duly authorized and instructed law officer---------Director Intelligence and Investigation had no lawful authority to file appeal through the State against acquittal of accused persons---------Appeal was dismissed in circumstances. Haji Muhammad Aslam v. Director General Pakistan Coast Guards 2012 PTD 629; F.A. Corporation v. Director General Customs Intelligence and Investigation 2008 PTD 1365; Haji Abdullah Jan v. The State 2003 SCMR 1063; The State v. Munawar ud Din 1985 PCr.LJ 1431; The State v. Bashir Ahmad 2003 YLR 2229 and Director Directorate General of Intelligence and Investigation v. Messrs Al Faiz Industries (Pvt.) Limited 2006 SCMR 129…