| Citation(s) |
|---|
| 1983 SLG 107 1983 SLD 107 1983 PCRLJ 2299 |
Lahore High Court
Criminal Appeal No. 284-C of 1982, decision dated: 10-08-1983, hearing DATE : 24-07-1983
SAAD SAOOD, JAN, JUSTICE
M. Bashir Malik and A. Sattar Khan Rajput for Appellant.
Criminal Appeal No. 284-C of 1982, decision dated: 10-08-1983, hearing DATE : 24-07-1983
SAAD SAOOD, JAN, JUSTICE
M. Bashir Malik and A. Sattar Khan Rajput for Appellant.
AHMAD KABIR
VS
THE STATE
Law: Customs Act, 1969
Section: 156
(a) Customs Act (IV of 1969)--S. 156 (1) (8)-Prosecution case mainly resting on testimony of A. S. I., Airport Security Force stated to have recovered at Airport two bags of heroin from accused a foreign national and passenger going abroad by Air-Accused alleging that said A: S. I. demanded bribe from him and on refusal to oblige him A. S. I. falsely implicated accused in case-A. S. I. while appearing as witness not questioned at all about such allegation-Allegation of demand of bribe by A. S. I., held, to be an afterthought - Such witness A. S. I. having no enmity and no motive to falsely implicate accused having been established, his testimony should not be rejected in circumstances. (b) Customs Act (IV of 1969)-- --- S. 160 (1)-Airport Security Force Act (LXXVII of 1975), S. 6(2) (e)-A. S.I., Airport Security Force deployed for duty at personal search at airport while making routine search recovering two bags of heroin from accused-Accused arrested and .case registered under S. 156 (1) (8), Customs Act, 1969-Contention that under S. 160 (1) of Customs Act, 1.969 only Assistant Collector Customs was competent to make search and A. S.I., Airport Security Force not being competent to carry out such search of accused, proceedings conducted by A. S. I. were not legal - Held, Expression "take effective measures" in S. 6 (e), Airport Security Force Act, 1975 is wide enough to include power to conduct search as well as detain person found smuggling norcotics-A. S. 1. under S. 6 (2) (e) of Airport Security Act, 1975 was inter alia competent to "take effective measure" for prevention of smuggling of narcotics and while taking such measures, A. S. I. was entitled to exercise all powers possessed by officer incharge of Police Station - Powers under Airport Security Force Act, 1975 not overriden by Customs Act, 1969Search of A. S. I. carried by A'. S. I. was, therefore, not illegal in circumstances. (e) Customs Act (IV of 1969)- --- Ss. 2 (5) & 156 (1), item No. 8 and item No. 9-Goods mentioned in item No. 8 and referred to in item No. 9-DistinctionWord "smuggle" in S. 2 (s)-Definition-Act of smuggling must relate to goods as are referred to in definition…
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