Law: Customs Act, 1969

Section: 156

(a) Customs Act (IV of 1969)--Ss. 156(8), 168, 171 & 180--Gold ornaments and currency recovered from petitioner's bag at the airport--Petitioner was prosecuted and sentenced but ultimately acquitted by the Appellate Court (Customs)--Confiscation of petitioner's jewellery and currency-­Legality--Customs Authorities were not entitled to confiscate the gold and currency recovered from petitioner upon his acquittal in the proceedings initiated against him for the trial under the Customs Act, for alleged offences of smuggling of gold and currency. Azizullah v. The State PLD 1981 Kar. 250 and Alim Khan v. Government of Pakistan 1983 CLC 786 rel. (b) Customs Act (IV of 1969)-- ---S 179-A [repealed by Finance Ordinance (I of 1979)]--Effect of repeal--Where' adjudication order was passed on 3-5-1977 when provisions of S.179-A were applicable, petitioner could not be denied advantage of the same on account of its subsequent repeal by the Legislature. (c) Customs Act (IV of 1969)-- ---Ss. 179 & 180--Constitution of Pakistan (1973), Art.199--Petitioner's acquittal from charge of smuggling would not justify confiscation of those goods by Customs Authorities--Order of confiscation and imposition of penalty passed by Customs Authorities were declared to be without lawful authority and of no legal effect--High Court in Constitutional jurisdiction also ordered restoration to petitioner of his confiscated goods. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.--The petitioner has challenged the orders passed by respondents Nos.2 to 4 dated 16-2-1983, 9-9-1982 and 3-5-1977 respectively in this .petition. The facts of the case in brief are as follows: The petitioner while about to board a Dubai bound PIA flight No.PK 217 in the night of 5/6 July, 1976 was intercepted by one Syed Nasiruddin Haider, an Intelligence Officer in the Directorate of Customs investigation at Karachi Airport. It is claimed by the respondents that upon search of the baggage belonging to petitioner gold ornaments and Pak. currency worth Rs.5 lacs and Rs.l lac respectively were recovered. It is an admitted position that the petitioner was tried before the Special Judge, Customs, Karachi, and upon conviction he was…

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