Law: Customs Act, 1969

Section: 67,157(2),187,196,223

Law: Constitution of Pakistan, 1973

Section: 13,141,143, ScheduleIV,199

Law: Control of Narcotics Substances Act, 1997

Section: 9(C),32,72

(a) Customs Act (IV of 1969)--- ----S.196---Control of Narcotic Substances Act (XXV of 1997), S. 72---Constitution of Pakistan, Arts. 141, 143 & Schedule IV Lists---Transporting of narcotic substances---Applicability of Customs Act, 1969---Provisions of Control of Narcotic Substances Act, 1997, has overriding effect on other laws for the time being in force. (b) Customs Act (IV of 1969)--- ----S. 196---Reference to High Court---Scope of reference before High Court is related and dependent upon such questions which arise out of the orders of Appellate Tribunal---Jurisdiction of High Court in such behalf is limited only to the extent of question of law but not in any incidental and ancillary question which was not issue in proceedings. (c) Customs Act (IV of 1969)--- ----S. 196---Control of Narcotic Substances Act (XXV of 1997), S. 32---Constitution of Pakistan, Art. 199---Reference to High Court---Release of vehicle---Supervisory jurisdiction of High Court---Dispute was with regard to possession of vehicle in question which was allegedly used in transporting huge quantity of narcotic substances---Customs authorities confiscated vehicle under the provisions of Customs Act, 1969 but Appellate Tribunal set aside the order---Plea raised by criminal investigating agency was that a heavy quantity of narcotics was recovered from the vehicle and custody of the same could not be decided under Customs Act, 1969---Validity---In view of the confined/limited scope of S. 196 of Customs Act, 1969, High Court declined to set aside the order passed in respect of vehicle in question, however, High Court, in exercise of its supervisory jurisdiction under Art. 199 of the Constitution, set aside the order passed by Trial Court remanded the matter for passing appropriate order in respect of vehicle, in view of the provisions of S. 32 of Control of Narcotic Substances Act, 1997---Reference was disposed of accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:---.--- This Customs Reference is directed against the order-in-appeal dated 27-5-2013 ("impugned order") passed by the Customs Appellate Tribunal Bench-I, Karachi, ("the Tribunal") whereby the…

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