Law: Customs Act, 1969

Section: 9,2(b),6,161,185-A

Law: Criminal Procedure Code (V of 1898)

Section: 265-K,439,561A

(a) Customs Act (IV of 1969)--- ----S. 9---Notified place---Smuggling, cognizance of---Procedure---Matter of smuggling at notified place is required to be checked by Customs Officials only or any other Provincial or Federal Government Officer who has been notified by Federal Government to function as 'Officer of Customs'---Even if any other officer is authorized by Federal Government to function as Customs Officer, he cannot interfere in function of a regular Customs Officer at a notified place. (b) Customs Act (IV of 1969)--- ----Ss. 2(b), 6, 9, 161, 162 & 185-A---Criminal Procedure Code (V of 1898), Ss.265-K, 439 & 561A---Quashing of proceedings---Probability of conviction---Raid by Federal Investigation Authority (FIA)---Non-producing of incriminating articles before Trial Court---Effect---Accused was arrested by FIA officials by raid on airport and parts of weapons in question were recovered---Trial Court dismissed application of accused under S. 265-K, Cr.P.C.---Plea raised by accused was that FIA was not authorized to conduct raid as the same was duty of customs officials---Validity---Nothing was available on record which indicated that FIA officers who conducted raid at the airport and recovered alleged contraband articles were actually authorized for such function by Federal Government through special notification---FIA accepted that there was no such notification of authorization issued in their favour or any other prosecution witness to act as 'Customs Officer'---Without issuing a notification in 'Official Gazette', none of the raiding party was authorized to take action in respect of any offence punishable under Customs Act, 1969---Weapons/parts in question were not produced during examination of important prosecution witnesses before whom arrest and recovery took place---Items in question were required to be produced before Trial Court at the time of examination of said important prosecution witnesses as 'real evidence' to be identified as same items which were recovered from accused---No probability of conviction existed against accused persons---High Court acquitted accused and absconding co-accused persons of the charge as proceeding further…

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