Law: Imports and Exports (Control) Act, 1950

Section: 3

Imposts and Exports (Control) Act (XXXIX of 1950), S. 3 (3) read with S. 2 (c)-Sea Customs Act (of 1878), S. 19-Section 19 of the Sea Customs Act applies to goods brought by air.Held, that under section 3 (3), Imports and Exports (Control) Act (XXXIX of 1950), section 19 of the Sea Customs Act, (VIII of 1878) and all the provisions of that Act apply to goods brought by air by virtue of the definition of "import" given in section 2 (c) of the former Act.Where, therefore, 22 chiffon and nylon sarees, import of which was prohibited, were brought by air into Pakistan the order confiscating the goods and imposing a penalty under Schedule to section 167, was not illegal.ORDER INAMULLAH, J.---- The petitioner, Lt. Col. S. N. Raza, has challenged the order passed by the Collector of Customs, res�pondent 2, on 4th August 1955, under items (8), (4C) and (73) of the Schedule to section 167 of the Sea Customs Act, 1878, whereby his goods have been confiscated and a penalty of Rs. 2,000 has been imposed on him. He has also challenged the order of the Central Board of Revenue, respondent 3, dated 27th February 1956, passed in appeal against the order of the Collector of Customs. The facts, shortly put, are these:- On 16th July 1955, the petitioner who was a Military Secretary to the then Governor-General of Pakistan, got down at Mauripur Airfield along with the Governor-General. He declared eight packages as his personal baggage in the Baggage Declaration Form. Seven out of the eight packages were cleared by him on the same day ; he did not clear the eighth package, which was an attache case, on the ground that he had mislaid its key. The attache case admittedly was examined by the Customs on 2nd August 1955, in the presence of Maj. Umar, and was found to contain the follow�ing articles :- 22 Chiffon and nylon Sarees, 4 Blouses, 3 Pairs of socks, 3 Ties, 1 Shirt, 1 Pair of woollen trousers. Mr. Sharifuddin, the learned Advocate for the petitioner, raised four-fold contentions before us. I propose to mention these contentions briefly, though in view of the point urged by Mr. Attorney-General for the respondents, it would…