Law: Criminal Procedure Code (V of 1898)

Section: 516A

[Criminal Procedure Code (V of 1898)].........Ss 516-A & 516-A--- Release had applied for giving to him on Superdari three vehicles and a large quantity of bottles of foreign liquor and imported beer seized by the Excise Inspector from his warehouse, on the ground that the same had been imported under licence and were stored under the licence issued by Excise and Taxation Department---Excise Inspector present in the Court had stated that the Provincial' Excise Department had no-objection to the release of the seized goods to the applicant as it had already given such "no objection even before the Trial Court---Courts below had failed to apply their minds to the facts of the case and to exercise jurisdiction vested in them---Excise and Taxation Department in circumstances was directed to release the entire seized goods to the applicant under Superdari. (b) Administration of justice--- ---- Instructions to Courts---Subordinate Judicial Officers must apply their minds to the facts of each case and to consider the merits instead of merely disposing of the matters brought before them for adjudication and dispensation of justice---Mere disposal of applications/cases by Judicial Officers would not amount to dispensation of justice but would rather amount to non-exercise of the jurisdiction vested in them which was highly deprecatory act. ORDER The relevant facts giving rise to this application are that Khalid Ali Afridi, Inspector of Excise Department raided the licensed Diplomatic Bonded Warehouse run by the applicant in Bath Island, Karachi and arrested the employees of applicant and Clearing and Forwarding Agent Muhammad Haroon. The Excise Inspector seized three vehicles parked in the Bonded Warehouse bearing Registration Numbers JX-5371, KE-5213 and CG-7419, alongwith 76 dozens of foreign liquor bottles and 100 cases of imported beer. According to applicant the entire seized property was imported under the licence for foreign diplomats to whom they were to be dispatched in the morning. The prosecution has alleged that some liquor was seized from the house in Defence Housing Society, where Foreign Diplomat Edi Zubadi resided. This diplomat was also arrested and…

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