Law: Customs Act, 1969

Section: 10

(a) Customs Act (IV of 1969)--SS.10(2)(a)/89/156(I)(8)/80---Criminal Procedure Code (V of 1898), S.561-A---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to the complainant to examine as to whether High Court was justified within bounds of law to quash the proceedings without allowing the Trial Court 'to exercise jurisdiction under S.265-K, Cr.P.C. towards the same; whether it was a fit case for quashment of proceedings and whether High Court could allow partial quashment---Delay of 37 days in filing the petition was condoned as the criminal matter involved important point of law. (b) Customs Act (IV of 1969)--- ----S. 164(2)(a)/89/156(1)(8)/80---Criminal Procedure Code (V of 1898), S.561-A---Quashing of proceedings by High Court---Validity---High Court could not possibly resolve the divergent controversy in exercise of its power under-S.561-A, Cr.P.C. without any evidence ors record which was still to be examined by the Trial Court---Trial admittedly was going on when the impugned order was passed---Powers under S.561-A, Cr.P.C. were not meant to stifle the prosecution case, but instead prosecution was to be allowed opportunity to prove the same---Case was not of the type in which controversy could be resolved from the facts patent on record and admitted by both the sides to exist as in such a case the dispute could be determined on admitted facts and if no offence was constituted on the facts appearing on record and not disputed by the parties, then powers under S.561-A, Cr.P.C. could be exercised---High Court in the case in hand had passed the impugned order quashing the proceedings in haste and at a time when the parties were still to prove the correctness of their version---Impugned order was consequently set aside and the case was remanded to Trial Court with the direction to proceed with the trial of accused according to law. (c) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of High Court---Scope---Powers under S.561-A, Cr.P.C. are not meant to stifle the prosecution case, but instead prosecution is to be allowed opportunity to prove it. JUDGMENT ABDUR REHMAN KHAN; J.---Leave to appeal…

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