Law: Customs Act, 1969

Section: 169

Customs Act (IV of 1969)--S.169--Constitution of Pakistan (1973), Art. 199--Constitutional jurisdiction-­Vehicle belonging to petitioner was seized being involved in a case under the Customs Act (IV of 1969)--Department though found that the petitioner-­company could not be deemed to .be a party to smuggling yet a fine was imposed for release of its vehicle--Involvement of petitioner in the offence was not proved nor there was any indication to this effect--Reasonable suspicion, could not be raised as to complicity of the petitioner--Order of the Department held, was without lawful authority and of no legal effect in circumstances. Abdul Razzak v. Pakistan P L D 1974 S C 5 ref. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.--The petitioner has challenged the order of respondent dated 26-4-1982. By the impugned order the respondent directed that vehicle belonging to petitioner will be released upon payment of fine of Rs. 5,000 as the same was allegedly involved in the removal of contraband goods. The facts of the case may be stated as follows:-- On the night between 27-12-1977 and 28-12-1977 the Customs Preventive Staff at the Airport stopped Station Wagon bearing No. KCM 2894 belonging to the petitioner which was proceeding towards freight Gate of the Airport. On search of the vehicle from among several mail bags, two mail bags were found containing suitcases wherefrom imitation jewellery valuing Rs. 86,500 was recovered and seized by the Customs Authorities. The said vehicle was driven by one of the employees of the petitioner named El Edroos and among other inmates of the vehicle was another office of the petitioner named Muhammad Saleem Abdullah Naskani. On investigation of the case by the Customs Authorities it was found that one passenger Ayaz son of Ali Muhammad, a Tanzanian national had arrived on the same day by a Swiss Air flight from Hong Kong who carried the seized imitation jewellery and handed over the same to said El Edroos and M.S. Naskani for their removal from the restricted area to a destination outside the airport. The Customs Authorities also fou0d that two other persons were also involved out side restricted area. Accordingly, on 28-12­1977 an F.I.R.…

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