Law: Customs Act, 1969

Section: 2(s)(a),156(1)

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Customs Act (IV of 1969)--   --Ss.2(s) (a) 156(1), Cls. (89) (178)--Criminal Procedure Code (V of 1898), S.561-A--Smuggling--Mercedez car--Petition filed in High Court seeking quashment of proceedings pending before Special Judge (Customs) dismissed by High Court--Leave to appeal was granted to examine whether goods not notified or specified under sub-clause (a) of S.2(s) of Customs Act, 1969, could at all be said to be smuggled and person allegedly in possession of it proceeded against under S.156(1), clauses (77) (89) read with section 178 of Customs Act--Accused contended that since notification under sub-clause (a) of S.2(s) of Act not issued to cover car dealt with by accused, sub-clause(b) of S.2(s) could not be read in isolation or as completely divorced from preceding sub-clause (a)--What was not notified or specified in sub-clause (a) could not be made subject-matter of smuggling under sub-clause (b)--Contention of accused resulting in attributing redundancy to clause (b) for what was not specified or notified in the sub-clause (a) could not be subjected to prohibition or restriction at all if car was brought through routes other than those declared under Ss.9 10 of the Act or through any place except customs stations--Such interpretation of law, held, could not be readily allowed to prevail.   ORDER SHAFIUR RAHMAN, J.--Leave to appeal was granted to examine whether goods not notified or specified under sub-clause (a) of clause (s) section 2 of the Customs Act, 1969 could at all be said to be smuggled and the person allegedly in possession of it proceeded against under section 156(1), clauses (77) and (89) read with section 178 of the Customs Act. The facts giving rise of this appeal are that on the 30th October, 1977, a Mercedez Benz Car found parked outside the house of Khalid Munnef was seized by Customs Inspector as a smuggled property. During the investigation it was found that one Sajjad Hussain, co-accused of the appellant, had got it registered at Peshawar on 1-7-1975 in the fictitious name of Salim Khan on the basis of a forged No Objection Certificate from the Customs Authority. It was then sold or mortgaged to various persons at…

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