Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)--Ss. 156(1)(8)(89)(90) & 157(2)--Constitution of Pakistan (1973), Art.185(3)-�Contentions that the manner in which search was conducted by Customs Authorities was not in accordance with law; that accused had no knowledge about presence of contraband goods in the coach which belonged to some third person and that there was no evidence about the said goods having been smuggled, required examination--Leave to appeal was granted to consider contentions.ORDER RUSTAM S.SIDHWA, J.---This is a petition filed by Daulat Khan and Muhammad Hanif petitioners seeking leave to appeal against the judgment of a learned Single Judge of the Balochistan High Court passed as Special Judge, Appellate Court, Customs, Balochistan dated 27-3-1990 dismissing their appeal. 2. The brief facts of the case are, that on 25-3-1989, Coach bearing registration No.GD-9275 was intercepted at Lakpass Check Post of Customs Authorities. Daulat Khan petitioner was its Driver, whereas Muhammad Hanif petitioner was its Cleaner. They scuffled with the Customs Authorities, who were compelled to bring the Coach along with them to Quetta Customs Office. Due to night, no further action was taken thereon. On the next morning the coach was searched in the presence of the two petitioners. The upper roof of the coach was removed, wherein contraband articles having CIF value of Rs.1,74,430 were. recovered. Inventory in that respect was prepared by the Customs Authorities. After usual investigation, the petitioners were challaned before the Special Judge…