Law: Customs Act, 1969

Section: 139

Customs Act (IV of 1969)--Ss. 139, 156 & 168----Constitution of Pakistan (1973), Art.199--­Constitution jurisdiction, exercise of---Petitioner contended that consignment containing pieces of spectacle frames which were seized by Custom Authority, was booked by him at Hong Kong for Bankok as parcel luggage which was not offloaded at Bangkok but by mistake was offloaded at Karachi---Petitioner claimed that he was entitled to release of seized goods---Authorities below after considering evidence on record and conduct of petitioner, concurrently found that consignment in question was meant for Karachi and that plea of petitioner that same was transit luggage was an afterthought-:-Offence under S.156(1)(9) of Act, 1969 having been made out against petitioner, concurrent finding of fact of Authorities below based on evidence on record could not be interfered with in Constitutional jurisdiction by High Court. JUDGMENT MUKHTAR AHMED JUNEJO, J.--- Petitioner Muhammad Aslam has invoked Constitutional jurisdiction of this Court for challenging an order, dated 21-5-1990 passed by the Additional Secretary, Central Board of ,Revenue, Government of Pakistan, in Revision Application No.153/Rev: Customs of 1990. Admittedly petitioner Muhammad, Aslam on 12-10-1985 travelled from Hong Kong to Bangkok by Swiss Airline and on the same day he took P.I.A. flight from Bangkok to Karachi. While so travelling the petitioner was carrying three suit-cases containing 5,804 pieces of spectacle frames. Said suit­cases were booked by the petitioner with Swiss Airline on 12-10-1985 at Hong Kong for Bangkok (according to him) and for Karachi (according to Customs Authorities). The three suit-cases were however, carried by Swiss Airline to Zurich obviously due to some mistake. Ultimately the three suit-cases came from Hong Kong to Karachi Airport where the same were seized by the Customs Authorities after their contents were examined on 16-10-1985. The suit-cases before being examined were lying the Lost and Found Baggage Section of P.I.A., at Terminal II of Karachi Airport, as unclaimed property. On 21-12-1985, petitioner Muhammad Aslam claimed the seized goods and asserted that the same…

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