Law: Criminal Procedure Code (V of 1898)

Section: 435, 439

Law: Customs Act, 1969

Section: 185

Criminal Procedure Code (V of 1898) Ss. 435 & 439 and Customs Act (IV of 1969), S. 185-F read with Notification S. R. O. 1426 (1)/73, dated 5th October, 1973-Revision (criminal)-Question whether goods seized from petitioner covered by item 12 or 17 of current Notification yet to be decided by trial Court, by reference to evidence and expert opinion-No inter ference, held, called for in revisional jurisdiction of High Court at this stage.-[Revision (criminal)]. Dates of hearing: 31st May and 23rd August, 1980.                                                                                                                                   JUDGMENT The question raised in this revision by the applicants is that the goods seized by the customs which are the subject-matter of the charge against them do not fall within any of the categories specified in the current Notification issued by the Government of Pakistan, namely, S. R. O. 1426 (1)/73 dated 5thOctober, 1973 under sub-clause (a) of clause (s) of section 2 and subsection (2) of section 156 of the Customs Act, 1969. The goods have been described in column 5 of the challan submitted before the trial Court which consist of Turntable, Stereo, Amplifier Cassette Deck. Speakers. Picture Tube, Boosters valued at Rs. 96,950. Learned counsel has referred to the earlier Notification issued in this behalf dated 24th March, 1973 in which according to the learned counsel specific item No. 2 may have covered the goods in question. However, learned counsel argue that there is no similar item in the current Notification and none of the goods can call under Item No. 12 or 17 of the current Notification. 2. On the other hand, learned counsel for the State has filed before me a certificate issued by the Principal Appraiser, Group VII, Customs House, Karachi who has opined that Cassette Deck GXC-725D,…