Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S.417(2-A)---Customs Act (IV of 1969), Ss.156(1)14/77/81/82/86, 178 & 185-F---Central Law Officers Ordinance (VII of 1970), S.4-A [as inserted by Central Law Officers (Amendment) Ordinance (XXXIII of 1985)]---Appeal against acquittal--- Maintainability--- Maintainability of appeal was objected to by respondents on ground that same was not filed by a competent person/Authority---Validity of objection---Instant appeal was filed by Standing Counsel for Customs Authorities under instructions of Director Intelligence (appellant)---Power of Attorney filed by said counsel was admittedly signed by Superintendent Customs--­Counsel who filed appeal, was not law officer as defined under S.4-A of Central Law Officers Ordinance, 1985 nor he had been authorized by a competent Authority to file the appeal---Appeal was dismissed as not maintainable. The State v. Bashir Ahmed Chaudhry and others" (PLD 2000 Karachi 198 ref. JUDGMENT Respondents were tried by the Special Judge Customs, Lahore in case F.I.R. No.12 of 1997 dated 9-7-1997 under sections 156(1) 14/77/81/82/86 read with section 178 of the Customs Act, 1969 registered at Police Station I&P Customs Intelligence, Lahore who vide judgment dated 14-6-1999 while entertaining application under section 265-K. Cr.P.C. acquitted all respondents from the charge. 2. The Director Intelligence (appellant) being dissatisfied by the impugned judgment has filed this appeal against acquittal. 3. At the very outset learned counsel for respondents have taken the legal objection about the maintainability of this appeal on the ground that the same was not filed by a competent person/authority. It is argued that in view of section…

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