Law: Customs Act, 1969

Section: 185

Criminal Procedure Code (V of 1898)--S. 4 (1) (h) read with Customs Act (V of 1969), Ss. 185-A (6) & 195(1)(a)-Term "complaint" as appearing in S. 195(1)(a) of Customs Act--Not used in technical sense as defined in S. 4 of Cr. P. C.­ Report submitted by Superintendent of Police before Special Judge Customs-Held: Not a report of Police Officer as contemplated in S. 4 (h) of Cr. P. C. but for all intents and purposes a "complaint" as required by S. 185-A (6) of Customs Act. Barkat v. Emperor A I R 1943 All. 6 rel. JUDGMENT On 27-10-1976 at 11-30 a. m. Motor Wagon of the Ford make bearing Registration No. KCE-927 coming from Jacobabad side was stopped and intercepted for checking at the Check Post on Jacobabad-Jhatpat 'Road. This vehicle was being driven by applicant Sardar Muhammad and applicant Saleh Muhammad was the other occupant who was found holding a bundle tied in a dark brown blanket. The S. I. P. Muhammad Sadiq incharge Check Post, Jhatpat Road, alongwith his staff examined the bundle which was found to contain bullets of 7 m.m. bore, watches and watch traps. Saleh Muhammad was unable to produce receipts or permits for the bullets and the other goods. He was, therefore, arrested alongwith the driver Sardar Muhammad and the vehicle was also seized. The applicants were charged with being in possession of smuggled goods under section 156(1), clause (89), Customs Act and a case was registered accordingly. The challan was submitted in the Court of Special Judge, Customs on 6-11-1976 and the Court took cognizance of the case thereon. 2. This revision application was then filed before this Court challenging the cognizance taken by the Court mainly on the ground that the cognizance was taken on a police report filed by an unauthorised person and the entire proceedings were, therefore, vitiated and were without jurisdiction. The law as it stood on the relevant date when the cognizance was purported to be taken by the trial Court was as provided by section 185-A, subsection (6) which is in the following terms:-- "A Special Judge shall take cognizance of, and have jurisdiction to try, an offence triable under subsection (3) only upon a complaint in writing made…

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