Law:

Section:

Foreign Exchange Regulations Act (VII of 1979)-----S. 8(2)--Import and Export Control Act (XXXIX of 1950), S. 3(1)-­S.R.O. No. FE 29/49, dated 5-11-1949 and S.R.O. No. 920 (1) 73, dated 25-6-1973--Confiscation--Survey of proceedings in department showing that accused was wearing golden ornaments of abnormally heavy weight on her person but she failed to declare them and it was only on search of her person that these ornaments were found out which reflected on her bona fides--Decision of High Court declining to interfere in constitutional jurisdiction with order of confiscation passed by departmental authority upheld--Leave to appeal refused. Malik Muhammad Sharif, Advocate Supreme Court instructed by Hameed Aslam Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 4th March, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioner seeks leave to appeal against the judgment of the Lahore High Court, dated 19-11-1979 whereby a constitutional petition filed by her challenging the seizure, of gold ornaments weighing 46 Tolas was dismissed in limine. On the 8th of February, 1976 the petition alongwith her husband arrived at the Lahore Airport by a P.I. A. flight coming from Dubai. She was holding a Pakistani Passport. Her baggage was checked and nothing incriminating was found. On her personal search two gold bangles and three gold rings were found on her person weighing 46 Tolas in all whereupon a case was registered against her under Customs Act with the Police Station, Lahore Cantonment. The gold articles were detained and the Assistant Collector served a show-cause notice on her and it was mentioned that during the course of examination the petitioner was suspected by her movements of carrying some contraband goods. She was asked to declare if she had any contraband goods. To this she replied in the negative. She was, thereafter, subjected to personal search by a Lady Inspector with the permission of the Assistant Collector and it was on her personal search that 46 Tolas of crude gold in the form the two Karas and three finger rings were found in her possession and were seized. She was by a show-cause notice accused of violating State Bank…

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