Law: Customs Act, 1969

Section: 156,179,181,193,196

Law: Constitution of Pakistan, 1973

Section: 199

(a) Customs Act (IV of 1969)--- ----Ss. 156, 179, 181, 193 & 196---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability--- Alternate remedy---Laches, principle of---Confiscated goods, return of---Scope--- Petitioner was searched by the customs authorities and foreign origin gold was recovered from him but he was acquitted from the charge---Contention of petitioner was that customs authorities were bound to return the seized gold subject to payment of customs duty---Validity---Gold was seized by the customs authorities on 20-1-1994 but present constitutional petition had been filed after the lapse of more than 16 years which was hit by principle of laches---Petitioner had not approached the customs authorities which was an adjudication authority for the matter in dispute---Appeal and revision had been provided under Ss. 193 & 196 of Customs Act, 1969 but same had not been availed by the petitioner---Petitioner had alternate and efficacious remedy by approaching the concerned forum available in the hierarchy of Customs Law---Article 199 of the Constitution was not meant to short-circuit the statutory proceedings---Constitutional jurisdiction might be exercised where impugned order was without jurisdiction or apparently contrary to law or was result of miscarriage of justice---Petitioner had not assailed any such order of adjudication authority and present constitutional petition was not maintainable---Constitutional petition was dismissed in limine. (b) Customs Act (IV of 1969)--- ----Ss. 156, 179 & 181---Confiscation of goods, adjudication of---Trial Court, powers of---Scope---Powers of Trial Court were restricted to the trial of the accused and adjudication of confiscated goods would exclusively fall within the domain of customs authorities for which Trial Court had no jurisdiction. Adam v. Collector of Customs, Karachi PLD 1969 SC 446 rel. JUDGMENT MUHAMMAD EJAZ SAWATI, J.---The petitioner was intercepted by the customs authorities of Gawadar on 19th January 1994 at Gawadar International Airport on his arrival from Masqat in flight No.PK-502. He was searched by the custom authorities in baggage hall and following…

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