Law: Prevention of Smuggling Act, 1977

Section: 13

Keywords: Goods, Orders, Federal Government, Possession, Petitioner, High Court, Interlocutory Order, Forfeiture Of Property, Order, Mode, Government, Imprisonment, Customs, Seizure, Jurisdiction, Detention, Prevention, Protection, Impugned Order, Constitution, Notice, Constitutional Jurisdiction, Social Security, Petition, Substitution, Ancillary, Fine, Estate, Special Court, Property, Forfeiture, Proceedings, Show-Cause Notice, Parties, Substitution, Ancillary Power Result: Petition dismissed JUDGMENT FAKRUDDIN G. EBRAHIM, J. This petition challenges the seizure and detention of prize bonds of the value of Rs. 22,58,500, by the Customs Authorities in a pending proceeding under section 13 of the Prevention of Smuggling Act, 1977 before the Special Judge, Anti-Smuggling, Karachi and the short contention in its support is that there is no provision in this Act for seizure and detention during the pendency of any proceedings. The petitioner admits that he was in possession of the said prize bonds and the explanation given by him is that he was negotiating a deal as an estate broker in respect of to commercial plots one measuring 780 sq. Yds. And the other measuring 634 sq. Yds. Both situate opposite Mahboob Market, Saddar, Karachi and for that purpose he had received Rs. 221 lacs from to gentlemen, namely, Lt.. Col. Saadat Hussain Bokhari and Sajjad Mirza,' though at the the of the seizure he did not recall the names of these to gentlemen. 2. Mr. Sami Ahmed, the learned counsel for the petitioner invited our attention to section 31 of the said Act which provides for a show-cause notice by a Special Judge as to why whole or any 'part of the property reasonably suspected to be acquired by smuggling be not forfeited t the Federal Government and went on to argue that the occasion for forfeiture under section 32 only arises if the finding is that the property ,to - which the notice relates is property acquired by smuggling. The argument of the learned counsel was that there was no provision like in the Sea Customs Act which under subsection (1) of section 168 provides for seizure and detention of goods pending enquiry. 3. Mr. Mansoor Ahmed Khan, the learned counsel…

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