Law: Customs Act, 1969

Section: 6 , 169 , 170

  Customs Act (IV of 1969)-- ----Ss. 6, 169 & 170---Constitution of Pakistan (1973), Art. 199---All the agencies entrusted with powers of Custom Officers within the purview of S.6 of Customs Act, 1969, are obliged to comply with the verdict given by Customs Authorities concerning adjudication of goods or conveyance---Seizing Authority did not enjoy any immunity from law and had absolutely no authority to withhold the seized tractor and trolly ordered to be immediately released to its owner by the competent Customs Authority and either to disregard or frustrate such order-- Action of Seizing Authority concerning withholding of tractor and trolly was consequently declared to be without lawful authority and in excess of its jurisdiction and the same were directed to be released in accordance with the order of Customs Authority. Review-- ----Review is a creation of statute. PLD 1970 SC 1 and PLD 1981 SC 94 rel. Mirza Hussain Khan for Petitioner. Muhammad Riaz Ahmad Standing Counsel for Respondent. Date of hearing: 24th December, 1990. JUDGMENT MUNAWAR AHMAD MIRZA, J.-- Facts leading to this Constitution Petition are brief and simple. Mobile Gasht Party of Pishin Scouts, on 30th June, 1990 apprehended a tractor with trolly bearing registration No.LEV-6231 containing contraband goods. On receipt of case-papers Custom Authorities gave notice C-No.-V 8(821) Cus/90/3385-88 dated 25-8-1990 to the petitioner, requiring him to show cause why penal action be not taken against him for contravening provisions of Customs Act, 1969, and Import Export Control Act, 1950. Detailed reply was submitted within   stipulated period. Thereafter, learned, Deputy Collector Customs and Central Excise, by means of Order No.939/90 Case Np.Cift/PSC/369/90 dated 12-9-1990, directed confiscation of contraband goods seized in the matter yet allowed immediate release of tractor and trolly. Operative portion of the order is reproduced below for ready reference: "I have gone through the record of the case and considered oral and written submissions. From the arguments of the advocate and statements of the applicants and abovementioned witnesses I am confident that the goods…