Law: Constitution of Pakistan, 1973

Section: 199

Law: Prevention of Smuggling Act, 1977

Section: 43,47(1),(2)

Prevention of Smuggling Act (XII of 1977)--- ----Ss. 43 & 47(1) & (2)---Constitution of Pakistan, Art. 199---Constitutional petition---Appeal before Special Appellate Court---Maintainability--- "Aggrieved person "---Definition---Scope---Allegation against the accused (respondent) was that he had purchased properties in his own name and in the names of his relatives through illegal resources i.e. smuggling of narcotics---Trial Court through its only forfeited 40% shares invested in the properties in question to the Federal Government---Appeal filed against said of the Trial Court was dismissed being not maintainable---Present constitutional petition had been filed by the Anti-Narcotics Force (petitioner) for setting aside the impugned s of the Trial Court and the Special Appellate Court and for ordering forfeiture of entire properties of the accused---Validity---Under S.47(1) of the Prevention of Smuggling Act, 1977, counsel for Anti-Narcotics Force was only a special prosecutor, authorized to appear before the Special Judge and had no authority to file appeal or appear before the Special Appellate Court as by virtue of S.47(2) of Prevention of Smuggling Act, 1977, only a law officer appointed under the Central Law Officers Ordinance, 1970, was competent to conduct proceedings before the Special Appellate Court---Anti Narcotics Force did not fall within the definition of "aggrieved person ", therefore, the impugned of the Special Appellate Court required no interference---Constitutional petition was dismissed, accordingly. Civil Petition No.667-P of 2003 ref. Haji Iqbal Shah and 11 others' case 1999 PCr.LJ 1125 rel. JUDGMENT MIAN FASIH-UL-MULK, J.---The learned Special Judge, Prevention of Smuggling Act 1977, Peshawar on having received information from the Special Prosecutor Anti Narcotics Force that respondent No. 1. Obaid Khan has purchased properties in his own name and in the names of his relatives etc. through illegal resources i.e. smuggling of narcotics, issued notices to respondents under section 31 of the Prevention of Smuggling Act 1997, which were duly contested. 2. Respondents in defence examined as many as 17 witnesses. 3. It appears that…

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