Law: Customs Act, 1969

Section: 162

Customs Act (IV of 1969)--Ss.162 & 163---Federal Investigation Agency Act, 1974 (VIII of 1975), S.5---Constitution of Pakistan (1973), Art.199---Raid, search and seizure without search warrant---Constitutional jurisdiction, exercise of---Authorities raided godown of petitioner and searched and seized articles lying therein without warrant and without recording report---Authorities under S.5(1) of Federal Investigation Agency Act, 1974 had some powers to search of person and seizure of property, and also privileges and liabilities as the Officers of a Provincial Police had in relation to investigation of offences under Criminal Procedure Code or any other law for the time being in force---Authorities, however, had no powers to search and seize articles in customs cases without complying with provisions of Ss. 162 & 163 -of Customs Act, 1969---Raid, search, seizure and all actions thereunder taken by Authorities, were declared to be illegal by High Court in exercise of Constitutional- jurisdiction. S.M. Yousuf v. Collector of Customs PLD 1968 Kar. 599; S.M. Yousuf v. The Collector of Customs, Karachi 1972 SCMR 87; Shaukat Hussain v. Zulfiqar Ahmad PLD 1981 Lah. 13; Iqbal Akhtar v. Ch. Muhammad Mushtaq PLD 1977 Lah. 1-318; Muhammad Mahfooz v. Collector of Customs (Preventive), Customs House, Karachi PLD 1986 Kar. 28; Collector of Customs (Preventive) v. Muhammad Mahfooz PLD 1991 SC 630; Majid Bukhari v. The State PLD 2000 Lah 108; Criminal Appeal Gul Muhammad v. The Assistant Collector, Central Excise and Land Customs PLD 1982 Pesh, 30 and Brig. (Retd.) Imtiaz Ahmad Government of Pakistan 1994 SCMR 2142 ref. JUDGMENT The petitioners through this Constitutional petition has prayed that the raid, search, seizure and all subsequent proceedings carried out by respondent No. l in violation of sections 162 and 163 of the Customs Act, 1969 (hereinafter to be referred as "Act, 1969") without, obtaining search warrant or preparing statement of grounds of belief are, void, illegal and without lawful authority. The petition came up for limine hearing on 9-12-1999 when it was admitted to regular hearing and notices were issued to the respondents. Kh. Saeed-uz-Zafar,…

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