Law: Customs Act, 1969

Section: 2(s)(a),156(1)(89),159(9),185,185F

Law: Constitution of Pakistan, 1973

Section: 199

(a) Customs Act (IV of 1969)--- ----Ss.156(1)(89), 159(9) & 2(s)(a)---Constitution of Pakistan, Art.199-- , Constitutional petition-"Smuggling"---Petitioner was convicted for smuggling, possession and transportation of charas and said conviction was upheld by Appellate Court---Validity---Excise and Taxation staff had recovered charas weighing 5780 kilograms beneath the sugar ,cane loaded in a truck and the petitioner was allegedly arrested ----Only 4 grams from such a huge quantity was sent to the laboratory for examination, without obtaining samplhs from each and every packet which allegedly contained charas---Prosecution could ,not produce any evidence to the effect that the alleged contraband charas was of foreign origin when the same was specifically mentioned in the charge against the petitioner at the Trial Court---Petitioner was neither the owner of the truck nor it could be proved as to in which capacity the petitioner was present in the truck---Guilty intention was necessary ingredient of the offence under S. 156(1)(89), Customs Act, 1969 which was required to be proved by the conduct of the accused---Guilt of the petitioner had not been established by the prosecution in accordance with the requirements of the law---Mere importation or exportation of certain goods being prohibited by law did not amount to `smuggling' because goods in order to be 'smuggled must be either specified in clause 9 of 5.156 of the Customs Act,1969 or notified by the Federal Government under S. 2(s)(a) of the Customs Act, 1969---Conviction of the petitioner was set aside and he was acquitted from the charges---Constitutional petition was allowed accordingly. (b) Customs Act (IV of 1969)--- ----Ss.185 & 185F---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Orders of Special Appellate Court (Customs) and Special Judge (Customs), Taxation and Anti Smuggling---Scope---Special Court or a Tribunal created under an Act and presided over by a serving Judge of the High Court, while hearing a case, exercises the same powers as were available to a High Court under procedural laws, but such exercise, would not make that Court a `High Court' for…

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