Law: Customs Act, 1969

Section: 156(8)(89)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Customs Act (IV of 1969)--S. 156(8)(89)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether a Criminal Court trying an accused under the Customs Act can, at the time of acquitting the accused, restore to him the goods allegedly smuggled. Adam v. Collector of Customs, Karachi PLD 1969 SC 446: Muhammad Shahzad and another v. Director-General, Pakistan Coast Guards and others 1989 MLD 536; The State v. Ghulam Jaffar etc. PLD 1970 Pesh. 66; Assistant Director of CustoAis v. Muhammad Afzal Khan PLD 1964 (W.P.) Pesh. 178 and Muhammad Sarwar v. Federal Government of Pakistan and others 1988 PCr.LJ. 213 ref. ORDER MUKHTAR AHMAD JUNEJO, J.---Leave to appeal is sought against a judgment dated 18-6-1995 delivered in Writ Petition No. 107 of 1994 by the Peshawar High Court. On 22-5-1983 at 12-30 p.m. 48 bars of silver weighing 27818 tolas were recovered from truck No.3115/Mlt coming from lamrud side and heading for Karachi, after it was stopped near Hayatabad and driven to Customs Office near Peshwar Cantonment Railway Station. Recovery was effected under Customs Act by a raiding party consisting of Customs Mobile Squad No. 1, Peshawar, Central Excise and Land Customs and Anti-Smuggling Staff. Driver of the truck, namely, respondent Sher Ahmed was arrested and a case under section 156(1)(89) of the Customs Act was registered at Police Station Hayatabad on complaint of the Deputy Superintendent, Customs Mobile Squad No.1, Peshawar. After investigation driver Sher Ahmad and one Abid Hussain, a goldsmith, were challaned in Court of the Special Judge Customs, Taxation and Anti-Smuggling at Peshawar for the offences punishable under sections 156(89) and 178 read with section 2(s) of the Customs Act. Learned Special Judge acquitted Abid Hussain under section 265-K of Cr.P.C. on 17-2-1993 and proceeded with trial of Sher Ahmad. At conclusion of the trial, learned Special Judge under his judgment dated 22-8-1993 acquitted Sher Ahmad and ordered the case property viz. 27818 tolas of silver to be returned to the respondent. Earlier on 14-3-1984 the Collector of Central Excise and Land Customs under his order of even date, dismissed the…

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