Law: Imports and Exports (Control) Act, 1950

Section: 3

(a) Tariff Act (XXXII of 1934)-Relates to rates of duties and dutiable goods "imported into or exported from Pakistan"-Act does not contemplate notifying of any territory as `foreign" territory. (b) Constitution of Pakistan (1962), Art. 58 (3)-Leave to appeal to Supreme Court-Granted to consider whether complaint [relating to a charge under S. 167, Sea Customs Act (VIII of 1878)] was competent and whether a Magistrate (of the First Class) had jurisdiction to try an offence punishable with a maximum sentence of 10 years' rigorous imprisonment. Leave to appeal was granted by the Supreme Court under Art. 58 (3), Constitution of Pakistan (1962) to consider: - (1) Whether the complaint was itself competent by reason of the fact that it had not been made by a Customs Collector or an officer of the Customs Department duly authorised in that behalf, and (2) whether the Magistrate, who tried the case, had jurisdic�tion to try the offence which at the relevant time was punishable with a maximum sentence of ten years' rigorous imprisonment and, as such, triable only by a Sessions Court or by a Magistrate, exercising powers under section 30 of the Code of Criminal Procedure. (c) Imports and Exports (Control) Act (XXXIX of 1950), S. 3(3) read with Sea Customs Act (VIII of 1878), S. 19-Notifica�tion under 6. 3; Imports and Exports (Control) Act, 1950 is deemed to be a notification under S. 19, Sea Customs Act, 1878. (d) Criminal Procedure Code (V of 1898),,Ss. 32, 190 & Third Schedule-Limit on power of awarding punishment does not affect competence of Court to try a case-[Sea Customs Act (VIII of 1878), Ss. 167 & 187]-Offence punishable with maximum sentence of 10 years may be tried by a Magistrate of the First Class]. (e) Constitution of Pakistan (1962), Art. 1"Islamic Republic of Pakistan"-Any territory not constituting part of the Republic of Pakistan is a "foreign" territory"-(Part of State of Jammu and Kashmir occupied by India). JUDGMENT HAMOODUR RAHMAN, J.-The appellant was arrested by a raiding party on the night between the 30th and 31st October 1963, at about 2 a.m. on the northern side of village Dhamala,…