Law: Customs Act, 1969

Section: 164

(a) Customs Act (IV of 1969)--Ss. 164 (1) & 156 (1) (80)-Smuggling-Conveyance failing to stop when so summoned- Customs squad after receiving information as to smuggled goods being carried b? a certain car erecting a road block and posting uniformed staff-Car in dispute appearing on road, travel­ling at high speed, and not stopping even though presence of road block clearly amounting to a signal to stop-Customs mobile squad giving chase to car but occupants of such car and of other car, later joining, appearing, opening fire, changing direction and managing to get away-Driver of car, held, could have no doubt as to signal having been given to him to stop but failing to obey such signal, rendered him­self liable to punishment of fine and also be liable to confiscation of car.-[Sentence]. (b) Customs Act (IV of 1969)- ---S. 164 (1)-Smuggling-Failure to stop when signalled to stop-Lia­bility of conveyance only facilitating smuggling-Words and phrases-Words "the conveyance has been, is being, or is about to be, used in the smuggling of any goods or in carriage of any smug­gled goods"-Wide enough to include not only conveyance directly concerned with such operations but also conveyance escorting, piloting, or otherwise associating such conveyance so as to facilitate its mis­sion.-[Words and phrases]. ORDER ANWARUL HAQ, C. J.-This appeal by the leave of the Court, is directed against the judgment dated the 9th of October, 1977, of a Division Bench of the Peshawar High Court, by which a constitution petition moved by the appellant Said Muhammad to challenge the confiscation of his car under clause (80) of section 156 (1) of the Customs Act, 1969, was dis­missed. The relevant facts are that on receiving information that notorious smugglers, namely, Noor Muhammad and Said Muhammad alias Saida sons of Abdul Muhammad. residents of Jamrud were carrying smuggled goods in their Dodge Car No. L E C 4911, the Customs officials, headed by Deputy Superintendent Mumtaz Ali Khan of Customs Mobile Squad No. 9,Peshawar, had placed a road-block near Speen Jamat on Jamrud Peshawar Road, in the early hours of the morning on 30th of July, 1975, at about 5.00 a. m. Soon after car No.…

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