Law: Sea Customs Act, 1878

Section: 167(81)

 Supreme Court found to have field two views on same subject Such- controversy can only be resolved by Supreme Court--Better course adopted to dismiss appeal leaving aggrieved party to agitate issue before Supreme Court-Sea Customs Act (VIII of 1878), S. 167(81)-Practice. Date of hearing : 16th April 1975.                                                                                                                                JUDGMENT MUHAMMAD HALEEM, J.--The respondent, who is a driver of truck No. KAU 5596 was tried alongwith Dodo for carrying controband goods in his truck on 19th September 1969 at 2-30 a. m. Dodo, however, died during the pendency of the trial and it was Abdullah who was ulti mately acquitted by the First Class Magistrate, Thatta vide judgment dated 28th April 1970. 2. According to the facts repealed, Umedali S. D. I. received secret information on 18th September 1969 that contraband goods would be transported from Gharo to Karachi via Sakro road. Accordingly he arranged 'nakabandi' on the road near the bridge of Afin Wah and detained the truck and secured 25 bales of foreign cloth in the presence of mashir Mitho Khan and Walidad. Thereafter he lodged a report at 3 a. in. the same day on behalf of the State registering the case against them under section 167 (81) of the Sea Customs Act, 1878, hereinafter referred to as the Act, and after investigation, the S. D. I. submitted the challan in the Court of S. D. M. Thatta. At the trial, the jurisdiction of the Court was assailed and, therefore, the learned Magistrate framed the following issue: "Whether the Court has got jurisdiction to try this case without any complaint made in writing by Custom authorities ? and after hearing the parties he decided the issue in the negative and acquitted the respondent. In acquitting him, the learned Magistrate relied on…