Law: Sea Customs Act, 1878

Section: 167(81)

Sea Customs Act (VIII of 1878) S. 167(81)-Principle of double jeopardy-Scope--Trial of accused persons for offence under Sea Customs. Act (whether it ends in conviction or acquittal) Creates no bar to subsequent adjudication proceedings by Customs Authorities Direction of trial Court to return prohibited betel-nuts as well as jeep carrying it to accused person's-Held, invalid and set aside-Prohibited goods and Jeep, held "further, shall be at disposal of Customs Authorities for adjudication under provisions of Sea Customs Act (VIII of 1878). Federation of Pakistan v. Sardar Ali P 1, D 1959 S C (Pak.) 25; S. A. Haroon v. Collector of Customs, Karachi P L D 1959 S C (Pak.) 177 and Assistant Director, Customs v. Muhammad Afzal Khan P L D 1964 Pesh. 178 ref. Adam v. Collector of Customs P L D 1909 S C 446; State v. Ghulam Jafar P L D 1970 Pesh. 66 and State v. Ghulam Jaffar P L D 1970 Pesh. 134 rel. Date of hearing: 5th October 1970.     JUDGMENT This judgment will dispose of Criminal Revision No. 629 of 1970 and Criminal Miscellaneous No. 2 of 1970. 2. On the 3rd March 1968, Abdul Ghafur, respondent No. 1, loaded betel-nuts, weighing 50 maunds 11 seers 8 chataks; in Jeep No. CT-7, which was being driven by Muhammad Aslam, respondent No. 2. On receipt of a secret information, the police rounded up the jeep in Civil Lines, Gujranwala, seized the jeep and betel-nuts and apprehended the respondents. A first informa tion report was lodged at Police Station City Gujranwala, on the 4th March 1968, at 1-45 a.m. Muhammad Anwar, Inspector, Central Excise, who examined the said betel-nuts stated that the same was of Singapore origin and that the import thereof had been prohibited under the Sea Customs Act, 1878 (hereinafter referred to as the said Act). During the trial, the betel-nuts-and the jeep were placed in the custody of the Customs Department. The respondents were challaned under section 167 (81) of the said Act. Abdul Ghafur pleaded-that he had purchased the betel-nuts from Rashid Brothers, Pan Gali, Lahore, who had purchased the same from the Customs Department. He placed receipt (Exh. D. A.), executed by Rashid Brothers, of sale of betel-nuts…