Law: Customs Act, 1969

Section: 156

(a) Martial Law Order, 1977 [C. M. L. A.'s]­ ---- No. 4, Art. 6 read with Evidence Act (I of 1872), S. 114, illus. (e)­ Order of reference of case to Summary Military Court passed by Martial Law Administrator but only manifested in hand of Deputy Martial Law Administrator-Terms of Art. 6 of C. M. L. A.'s Order 4 of 1977, held, complied with and case referred to Military Court by Martial Law Administrator-Even otherwise, held further, presumption in favour of correctness of order arises under S. 144, Evidence Act, 1872.­ [Presumption]. (b) Laws (Continuance in Force) Order [C. M. L. A.'s 1 of 1977]- -- Art. 5 and Martial Law Order [C. M. L. A.'s 4 of 1977], Art. 6 read with Customs Act (IV of 1969), S. 105-B-Chief Martial Law Administrator-Possessed of legislative powers-Military Courts -Authorised to try an offence under any law for time being in force--­Martial Law Administrator having directed trial by Military Court, jurisdiction of Special Judge, authorised to try cases by virtue of S. 105-B, Customs Act, 1969, held, stood ousted to such extent and contention that case could be tried only by Special Judge appointed under S. 105-B and not by Military Court without substance.­[Jurisdiction-Legislation]. (c) Martial Law Order, 1977 [C. M. L. A.'s]- No.4, Art. 6 read with Customs Act (IV of 1969), S.105-B­Discriminatory treatment-Fundamental rights having been suspended contention that detenus received discriminatory treatment in being tried by a Military Court and not by Special Judge as normally done in smuggling cases, held, without substance particularly in view of military authorities having acted capriciously in making reference of case to Military Court in consonance with rationale laid down in policy letter.-[Fundamental rights]. (d) Constitution of Pakistan (1973)- -- Art. 199-Writ jurisdiction-Judging of intention of accused--­Primarily functions of trial Court-High Court, in exercise of its writ jurisdiction, held, does not enter into such fine questions of fact. (e) Customs Act (IV of 1969)--S. 156, Explanation-Smuggling of goods by export as distinguished from import-Completed when goods loaded on any conveyance for transport to any destination…

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