Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 199---Civil' Procedure Code (V of 1908), S.20(c)---Detention of goods on transit to Afghanistan at Peshawar Dry Port---High Court in exercise of its Constitutional jurisdiction ordering release of goods--- Jurisdiction of High Court---Validity---Bulls of goods, having been detained at Dry Port Peshawar, appropriate order could be claimed from the High Court within territorial limits of which cause of action wholly or in part had arisen---Detained goods being at Peshawar Dry Port, part of cause of action, thus arose there and High Court rightly assumed jurisdiction. (b) Customs Act (IV of 1969)--- ----S. 156(1)(64)---Constitution of Pakistan (1973), Art.185(3)---Notification dated 21-11-1994, issued by the Federal Government whereby bringing specified goods into Pakistan by sea, land or air in transit to Afghanistan, prohibited---Validity---Notification in question, clearly indicated that specified goods were prohibited with effect from 21-11-1994---Prohibition contemplated under Notification could not be construed as retrospective in its operation--­Where prohibited material had been imported in April 1994, long before the said Notification such imported goods would not fall within its mischief---No statute should be construed as having retrospective operation unless such construction appeared to be clearly indicated by terms of statute itself---Since Notification itself, did not make its operation retrospective in effect, findings of High Court that goods in question were not covered by such notification and that petitioners (officials) acted without Lawful authority in detaining the goods and disallowing respondent to take them in transit to Afghanistan, were maintained and leave to appeal was refused. (c) Interpretation of statutes--- ---- Retrospectivity of a statute---No statute is to be construed as having retrospective operation unless such construction was clearly indicated by the terms of statute itself or unless such interpretation was suggested by necessary implication. (d) Interpretation of statutes --- ----Retrospectivity of a statute---Where statute/notification itself does not by its own terms, make its…

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