Law: Prevention of Smuggling Act, 1977

Section: 31

Prevention of Smuggling Act (XII of 1977)--- ----S. 31---Property suspected to be acquired by smuggling---Restriction imposed on such property after issuance of notice under S.31 of Prevention of Smuggling Act, 1977---Non-issuance of notice to person having title over such property---Effect---Release/unfreezing of property---Subject property was booked and purchased by mother of the respondent in the year 1993 and later on same was gifted to the respondent---Subject property was registered on 6-10-1996, whereas notice under S.31 of Prevention of Smuggling Act, 1977, imposing restriction over said property was issued by the court on 10-10-1996---Respondent party submitted application before Trial Court to release the property, which application was accepted and property was accordingly released---Validity---Notice under S.31 of Prevention of Smuggling Act, 1977 had been issued upon the accused and his associates but not upon the mother of respondent---Serving of said notice upon mother of respondent was not only mandatory but also practical since she was the registered title owner at that time---Prosecution had not been able to establish any links or business between the accused and his associates on one hand and the company, which sold the property to the respondent party, on the other---Prosecution had sufficient time to collect tangible evidence to connect the respondent, respondent's mother and company which sold the property to the respondents with the accused and his associates, but same was not done---Prosecution had also not collected any evidence to prove that respondent or her mother were involved in drug smuggling business or that they had purchased subject property through ill-gotten money or any other illegal source, therefore it could not be assumed that mother of respondent did not have sufficient sources to purchase the subject property---Appeal was dismissed in circumstances. PLD 2006 Kar. 25 ref. ORDER SADIQ HUSSAIN BHATTI, J.---Being aggrieved and dissatisfied by the order dated 22-5-2009 passed and pronounced by the learned Special Judge, Customs Taxation and Anti-Smuggling, Karachi in Special Case No.31 of 1995---As (State v. Anwar Kattak…

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