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QAZI MUHAMMAD FAROOQ, J.--This Constitutional petition calls in question the legality of the seizure and confiscation of certain contraband articles by the Customs Authorities on the strength of the provisions of section 16/139/156(1)(70) of the Customs Act, 1969 and the Passengers (Non-Tour1st) Baggage (Import) Rules, 1983 read with section 3(1) of the Imports and Exports (Control) Act, 1950.   Briefly stated the facts giving rise to this petition are these. The petitioner Abid Khan is an overseas Pakistani working in Dubai. He belongs to Peshawar and his permanent home address is house No.2/85, Yakatoot Gate, Peshawar. He booked two boxes as his unaccompanied baggage at Dubai Airport for Peshawar through Airway Bill No. 214-71241693 dated 5-6-1990 under the cover of personal effects and household effects. The consignment arrived at Peshawar on 7-6-1990 by Flight No.PK-221. However, pursuant to a prior tip off that the boxes contained contraband articles, the Customs authorities stored the same in the Godown and on 11-6-1990 sent a notice under section 26 of the Customs Act, 1969 by registered post to the petitioner at his given address but it was returned undelivered. Resultantly, on 19th June, 1990 the boxes were opened in presence of the Cargo Terminal Manager and other officials of the P.I.A. and the ensuing examination resulted in the recovery of 40 V.C.Rs., 10 V.C.Ps., 126 Gents Watches, 37 ladies watches 200 packets (each containing 10 pieces) of Toyota Motor D1stributor Kit (points) and 500 ladies hair clips. The Articles recovered from the boxes were seized and the petitioner was informed through a notice under section 171 of the Customs Act sent to him on 19-6-1990 by registered post. Ultimately, a notice was sent to him on 2-7-1990 under section 180 of the Customs Act by registered post whereby he was called upon to show cause within ten days as to why penal action should not be taken against him under sections 16, 139 and clause (70) of subsection (1) of section 156 of the Customs Act, 1969 and the Passengers (Non-Tour1st) Baggage (Import) Rules, 1983 read with section 3(1) of the Imports and Exports (Control) Act, 1950 and the contraband…