Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)----S. 156 (1) (8)---Martial Law Regulation, 1978 [C.M.L.A.) No.31---Martial Law Order No.6 (Zone C)---Petitioner involved in a case registered under S.156 (1) (8), Customs Act, and ordered to be tried by Military Court---Petitioner fugitive from justice was tried in absentia for contravention of Martial Law Order (Zone C) No. 6 as punishable under Martial Law Regulation [C.M.L.A.J No. 31, when notification got published in official Gazette by military authorities bore no fruit---Petitioner who was arrested five years after conviction and sentence contended that due to misdescription of address of petitioner in official Gazette, summons could not be served on him---Notification showed that it did not fully describe petitioner and it could not be said that petitioner was fully served so as to attract penalty for his non-appearance before Martial Law Authorities--­Conviction and sentence of petitioner quashed in circumstances. ORDER IMAM ALI KAZI, J.--The present petition under Article 199 of the Constitution arises out of the following facts:- The petitioner was involved in a case registered under Section 156 (1) (8) of the Customs Act 1969 under F.I.R. No. 323/82 registered by F.I.A. Passport Cell Karachi on 18-3-1982. The petitioner was one of the seven accused persons named in that F.I.R. It appears that this case was referred to Martial Law Authority for transferring it to a Military Court. The case was transferred for trial to a Military Court. The petitioner was not arrested and therefore could not be produced before the Military Court for trial. The Deputy Martial Law Administrator," Karachi, then published a notification in Sindh Government Gazette, Extraordinary issue of 15th July, 1982 requiring the petitioner and three others to appear before the Summary Military Court, M.P.A.'s Hostel, Karachi within 15 days after publication of the notice in the Gazette and it was also noted that on their failure to be present as directed they will be tried in absentia for contravention of Martial Law Order No.6 as punishable under Martial Law Regulation No.31. The petitioner did not appear in pursuance of that notice and was tried for…

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