Law: Customs Act, 1969

Section: 2,156,156(8),156(77),156(81),156(82),156 (89)

(a) Customs Act (IV of 1969)-- ---S.2--State Bank of Pakistan Notification No. E/1/7/8/SB, dated 11th May, 1978--Foreign currency, import of--Any amount of foreign currency, held, can be imported into Pakistan under State Bank Notifica­tion No.E/1/7/8/SB, dated 11-5-1978. (b) Customs Act (IV of 1969)--S.156, cls. (8), (77), (81), (82) & (89)--Provisional Constitution Order (1 of 1981), Art.9--Smuggling of currency--Allegations against petitioner that he had not brought any foreign currency from outside Pakistan but had purchased same from inside Pakistan and in collusion with Customs Officer prepared a bogus declaration of foreign currency, not substantiated by any evidence--Concerned officer of Customs Department charged for this irregularity but allegations against accused not at all proved--Authorities having no material before them to presume that accused had not brought foreign currency from outside Pakistan-­Accused declaring currency on same date he arrived in Pakistan, held. a circumstance sufficient to prove that he had brought it from outside Pakistan. (c) Customs Act (IV of 1969)-- --S. 156, cls. (8),(77), (81), (82) & (89)--Smuggling of currency--Attempt to smuggle or actual smuggling of currency out of Pakistan not proved-­Arrest of accused on such allegations, held, uncalled for and illegal. Crown v. Muhammad Rafique Safdar and others P L D 1952 Sind 281 and Abdul Salam v. The State 1984 P Cr. L J 1133 ref. (d) Provisional Constitution Order (1 of 1981)-- --Art.9--Customs Act (IV of 1969), S. 156--Constitutional jurisdiction-­Petitioner having a remedy by way of appeal under a statute but impugned order of respondent against petitioner illegal ab initio-­Petitioner, held, could file writ petition instead of filing an appeal against said order.--[Appeal (civil)]. The Murree Brewery Co. Limited v. Pakistan through the Secretary to Government of Pakistan, Works Division and 2 others PLD 1972 S C 279 rel. JUDGMENT By this writ petition under Article 9 of the Provisional Constitution Order, 1981, the petitioner Khan Muhammad has challenged the order dated 18-3-1983 of respondent No.1 whereby foreign currency was seized from the petitioner. 2.…

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