Law: Customs Act, 1969

Section: 2(s),16,156(1)(8),159,171

Law: Constitution of Pakistan, 1973

Section: 199

Customs Act (IV of 1969)---Ss. 16 & 171-Constitution of Pakistan, Art. 199-Constitutional petition-Maintainability-Recovery of foreign currency little over the prescribed limit, from a passenger at the Airport-Factual controversy- Alternate relief-Effect-Factual controversy would require evidence and same could not be decided under constitutional jurisdiction- Petitioner had alternate remedy before the Trial Court-If alternate remedy was available, constitutional jurisdiction could not be exercised-Constitutional petition was dismissed in circumstances. ORDER Through instant petition, petitioner has sought following relief:- "(i) That a meager sum foisted in excess of US $ 10,000/- and allegedly recovered from an outgoing passenger does attract the provisions of Section 2(s) punishable under Section 156(1)(8) of the Customs Act, 1969, as such sum does not fall within the meaning of Section 2(s)(ii) of the Customs Act, 1969. (ii) That no FIR can be lodged under Section 2(s) of the Customs Act, 1969, when admittedly the petitioner was within his lawful right to carry US $ 10,000/- and therefore the arrest of the petitioner in the circumstances will amount to wrongful confinement. (iii) That the provisions of Section 171 of the Customs Act, 1969 and Section 159 of the Customs Act, 1969, have not been complied with and such provisions of law being mandatory, the non- compliance will negate the entire search seizure and trial. (iv) That the currency so seized from the petitioner is liable to be returned to the petitioner and FIR No.9/2013 dated 08.11.2013 is liable to be quashed and petitioner be set free. (v) That letter dated 20.11.2013 being issued in a mala fide manner is liable to be quashed. AND WHILE GRANTING SUCH DECLARATION, the Honourable Court be graciously pleased to quash the FIR and order that the currency seized from the petitioner be immediately restored to the petitioner and/or pending the petition direct the respondents 1, 2, 3, 4 and 5 to deposit the currency alleged seized, with the Nazir of this Court. Further direct the respondents 1 to 5 to return the Original CNIC of the petitioner and the passport of the petitioner and keep the photocopy…

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