Law: Criminal Procedure Code (V of 1898)

Section: 5 (2), 561-A

Law: Customs Act, 1969

Section: 156 (1) (8), 185-C

(a) Criminal Procedure Code (V of 1898) S. 5 (2) read with Customs Act (IV of 1969), Ss. 185-C & 156 (1) (8)-Trial for offence under a special law, procedure prescribed for-All offences under laws other than P. P. C.--Triable and other wise to be dealt according to provisions of Cr. P. C. subject, however, to any specific provision, prescribing a different procedure or manner of dealing with such a case--Provision of Cr. P. C., held, made expressly applicable to proceedings initiated under Customs Act, excepting provisions inconsistent with Customs Act. (b) Criminal Procedure Code (V of 1898)  S. 561-A read with Customs Act (1V of 1969), S. 185-B Quashment of proceedings under S. 561-A, Cr. P. C. Powers of High Court-Provisions of S. 185-B of Customs Act --Provide for exclusive jurisdiction of Special Judge and special appellate Court to try cases, hear applications, appeals and revi sions-No other Court, held, competent to try any offence punish able under Customs Act or to entertain proceedings mentioned therein-Powers exercise-able by High Court by virtue of S. 561-A, Cr. P. C., held further, not available for interfering with Customs proceedings-Quashment of proceedings declined, in circumstances. Vishnu Ghanshyam v. Emperor A I R 1941 Nag. 97 ref.                                                                                                                                     ORDER This is an application under sections 435, 439 and 561-A, Cr. P. C. The applicant has been sent up for trial under section 156 (1), clause (8) of the Customs Act and his case is pending trial before the Special Judge (Customs and Taxation), Karachi. By the present application the appli cant seeks to challenge the cognizance of the case taken by the learned Special Judge as being without jurisdiction and the proceedings following thereon be…