| Citation(s) |
|---|
| 2003 SLG 1052 2003 SLD 1052 2003 YLR 2103 |
Quetta High Court
Custom Appeal No. 11 of 1999, decision dated: 19-03-2003, hearing DATE : 24-02-2003
RAJA FAYYAZ AHMED, CHIEF, JUSTICE AKHTER ZAMAN MALGHANI, JUSTICE
Basharatullah for Petitioners. K. N. Kohli, D.A.G. for
Respondents.
Custom Appeal No. 11 of 1999, decision dated: 19-03-2003, hearing DATE : 24-02-2003
RAJA FAYYAZ AHMED, CHIEF, JUSTICE AKHTER ZAMAN MALGHANI, JUSTICE
Basharatullah for Petitioners. K. N. Kohli, D.A.G. for
Respondents.
A. REHMAN and 2 others
VS
ADDITIONAL COLLECTOR, COLLECTORATE OF CUSTOMS and CENTRAL EXCISE, CUSTOMS HOUSE, QUETTA and others
Law: Customs Act, 1969
Section: 156
(a) Customs Act (IV of 1969)--Ss.156(89), 185-A & 192---Criminal Procedure Code (V of 1898), S.4(1) [Notification of Balochistan Government No. SO(Judl.)4(5)/94/Vol-V/456-93, dated 9-1-1997] & Sched. II---Taking cognizance of offence under S.156(89) of Customs Act, 1969 in Balochistan Province by Levies Authorities or other agencies in addition to Customs Authorities---Scope. Conferment of powers on Customs Authorities under Customs Act, 1969 does not mean ouster of powers of other agencies empowered by law to arrest and seize goods involved in commission of cognizable case. Under Schedule II of Criminal Procedure Code, any offence punishable with sentence of three years and upwards is cognizable and offence under section 156(89), Customs Act, 1969 being punishable with sentence of more than three years is as such cognizable and can be legally investigated under Cr.P.C. Any seizure by Levies Authorities during investigation of case is not illegal--Levies Authorities have been authorised with power of investigation and Levies Station have been declared as police station within the meaning of S.4, Cr.P.C. by Provincial Government vide Notification No.SO(Judl.)4(5)/94/Vol-V/456-93, dated 9-1-1997. Section 185-A of Customs Act, 1969 provides that Special Judge can take cognizance of the offence not only on the report in writing made by an Officer of Customs, but also on the report made by Officer-in-Incharge of Police Station. Under section 192 of Customs Act, 1969, any person who comes to know about commission of any offence under this Act or an attempt or likely attempt to commit any. such offence, is under legal obligation to give information in writing to Officer-in-Charge of near police station, if there is no Custom House, who will further pass on said information to the nearest Customs House or Customs Station. In the present case, Jamadar Levies seized the goods and truck on suspicion of same being smuggled one and informed Assistant Commissioner/S.D.M., who informed Customs Department as required by section 192 of Customs Act. Thus, there was no illegality in the seizure of goods and truck. 1987 PCr.LJ 1789 rel. (b) Customs Act (IV of 1969)---…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492