Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)--Ss. 156(8), 180 g 215--Constitution of Pakistan (1973), Art.199-­Adjudication proceedings --Legality of--Recovery of contraband articles--Petitioner not shown to be a party in the Court of Special Judge (Customs)--Petitioner's name not mentioned in F.I.R. lodged against the main accused--Petitioner neither served with show-cause notice nor any material available with Authorities in support of allegations made against him--Allegations against petitioner not substantiated--No legal justification for adjudication proceedings existed against petitioner--Penalty imposed on petitioner was thus mala fide and in contravention of provisions of Customs Act, 1969--Adjudication order passed against petitioner being wholly illegal and opposed to principles of natural justice was declared to be without lawful authority and of no legal effect by High Court, in Constitutional jurisdiction. JUDGMENT ABDUR RASOOL AGHA, J.--The petitioner Mohammad Hussain has filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 with a prayer to declare the order dated 4-5-1977 passed by the Deputy Collector of Customs (Preventive) and all subsequent orders passed by respondent Nos. 1 and 2 as mala fide, inoperative and without any force of law. The brief facts giving rise to the petition are that the petitioner is working as a Senior Traffic Supervisor in the P.I . A . Corporation posted at Karachi Airport when on the night between 6-7 July, 1976 S.Nasiruddin Hyder Intelligence Officer of the Directorate of Customs Intelligence apprehended one S. Masood Ahmed at Karachi Airport from whose baggages 36 sets of golden ornaments and Pakistani currency to the tune of Rs.1,00,000 (Rupees one lac only) were recovered and an F. I. R. to that effect was lodged on 6-7-1976. After usual investigation, the Directorate of Customs Intelligence submitted challan against Syed Masood Ahmed only in the Court of Special Judge (Customs and Taxation) Karachi, he was convicted by the said Court. Syed Masood Ahmed preferred an appeal being Special Criminal Appeal No.22 of 1978 in the High Court of Sind which was heard and disposed of by way of…

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