| Citation(s) |
|---|
| 2015 SLG 2084 2015 SLD 2084 2015 SCMR 1052 |
Supreme Court of Pakistan
Civil Appeal No. 9 of 2006, decided on 9th April, 2015. (On appeal from the judgment of the Peshawar High Court, Peshawar, dated 25-3-2006 passed in W.P. No. 85 of 2000). DATE of hearing: 27th January, 2015
NASIR-UL-MULK, C.J., GULZAR AHMED AND MUSHIR ALAM, JJ
Abdul Rauf Rohaila, Advocate Supreme Court for Appellant. Isaac Ali Qazi, Advocate Supreme Court for
Respondents Nos.1 and 2. Waqar Ahmed Khan, Additional A.G. Khyber Pakhtunkhwa for
Respondent No. 3. Sohail Mehmood, DAG on Courts Notice
Civil Appeal No. 9 of 2006, decided on 9th April, 2015. (On appeal from the judgment of the Peshawar High Court, Peshawar, dated 25-3-2006 passed in W.P. No. 85 of 2000). DATE of hearing: 27th January, 2015
NASIR-UL-MULK, C.J., GULZAR AHMED AND MUSHIR ALAM, JJ
Abdul Rauf Rohaila, Advocate Supreme Court for Appellant. Isaac Ali Qazi, Advocate Supreme Court for
Respondents Nos.1 and 2. Waqar Ahmed Khan, Additional A.G. Khyber Pakhtunkhwa for
Respondent No. 3. Sohail Mehmood, DAG on Courts Notice
DEPUTY DIRECTOR/COLLECTOR CUSTOMS INTELLIGENCE AND INVESTIGATION, Peshawar court
VS
FARMAN ALI and others
Law:
Section:
(a) Central Excise Act (I of 1944)--- ----Ss. 9-A & 13---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether complaint mentioned in S. 9-A(6) of Central Excise Act, 1944, by which Special Judge, could take cognizance, was to be equated with "complaint" under S. 200, Cr.P.C. and thus procedure thereunder to be followed or charge sheet submitted by police officer under S. 173, Cr.P.C. as provided under S. 13(11) of Central Excise Act, 1944; whether in absence of express provisions in Central Excise Act, 1944, Central Excise Officer was precluded from registration of a case; whether High Court was correct in holding that in view of special procedure provided under S. 13 of Central Excise Act, 1944, for investigation of a crime, first information report could not be registered; whether registration of first information report could be declared illegal, when Central Excise Officer was empowered under S. 13(1) of Central Excise Act, 1944, to arrest a person without warrant and for investigation of a case to exercise powers conferred under Criminal Procedure Code, 1898, upon officer in charge of a police station; and whether Special Judge could not take cognizance of offences under S. 9-A(6) of Central Excise Act, 1944, upon complaint mentioned in S. 13(11) of Central Excise Act, 1944, even if first information report had been rightly held to have been registered without lawful authority. (b) Central Excise Act (I of 1944)--- ----S. 13---Inquiry into offence---Procedure---Comprehensive procedure has been provided under S. 13 of Central Excise Act, 1944, for inquiry into an offence committed under Central Excise Act, 1944, right up to filing of complaint before Special Judge. (c) Central Excise Act (I of 1944)--- ----S. 13(10)---Criminal Procedure Code (V of 1898), S. 154---Arrest and detention---Non-registration of FIR---Effect---Absence of FIR does not, in any way, take away or affect powers of Central Excise Officer to arrest an accused under Central Excise Act, 1944, to carry out inquiry into an offence and to file complaint before Special Court---Provision of S. 13(10) of Central Excise Act, 1944, in fact…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492