Law: Customs Act, 1969

Section: 159

(a) Custom Act (IV of 1969)--S.159(1)---Section 159(1) makes it obligatory upon the Officer of Customs to inform the person to be searched about his right to be taken to a Gazetted Officer of Customs or Magistrate before conducting the search---Provision mandatory--­Failure to comply- --Effect---Provision of S.159(1) of the Customs Act, 1969 not only confers a valuable right on the accused but at the same time is a mandatory provision and failure on the part of the Seizing Officer to inform the accused about his right to be taken to a Gazetted Officer of Customs or a Magistrate renders his search illegal and in such circumstances even the conviction and sentence of an accused become unsustainable. Farid Khan v. The State 1993 PCr.LJ 500 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Customs Act (IV of 1969), Ss.156(1)(8) & 159(1)---Bail, grant of--­Seizing Officer before searching the accused did not inform them of their right to be searched by a Gazetted Officer of Customs or a Magistrate and did not comply with the mandatory requirement of S.159(1) of the Customs Act, 1969--­Accused were behind the bars for the past eleven months without any progress in the trial---Bail was allowed to accused in circumstances. Rothan Bacher Peter v. The State PLD 1989 Pesh. 47; Syed Niaz Ahmad Naqvi v. The State 1989 PCr.LJ 1357; Syed Abdul Nabi v. The State PLD 1988 Lah. 146 and Farid Khan v. The State 1993 PCr.LJ 500 ref. ORDER Abdul Hameed alias Bagga son of Sana Ullah, Arif Masih son of Ghulam Masih and Allah Ditta alias Lala, son of Anayat Masih petitioners were arrested in case F.I.R. No.148, dated 28-11-1995 registered at Police Station Rayya Khas, Tehsil and District Narowal under section 156(1)(8) of the Customs Act, 1969. They were arrested in the border belt of Indo-Pak on the allegation that they were engaged in the smuggling of narcotics to India. Razzaq Inspector of Chinab Rangers conducted search of the petitioners and recovered four killos of heroin from Abdul Hameed, three killos from Arif Masih and four killos from Allah Ditta. 2. Bail for the petitioners is mainly urged on the ground that the search was not made in accordance with law. He…

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