Law: Customs Act, 1969

Section: 169

(a) Customs Act (IV of 1969)--- ----S. 169---Disposal of confiscated goods---Where Court was Of the opinion that the thing confiscated was not liable to confiscation, the authorities were liable to hand over the same to the owner. (b) Customs Act (IV of 1969)--Ss. 169 & 201---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Sale of seized currency---Foreign currency in the shape of U.S. Dollars was seized from the petitioner by the Authorities--­Matter was finally decided by Supreme Court in favour of the petitioner and the Authorities were directed to hand over the currency seized from the petitioner---Authorities instead of returning the amount in U.S Dollars, returned the amount equivalent in local currency and that too at the exchange rate prevailing at the time of seizure---Contention of the Authorities was that the foreign currency was sold seven years after its confiscation---Validity---Authorities were bound to take absolute care in the matter of disposal of currency in terms of S.169 read with 5.201 of the Customs Act, 1969---Where the Authorities had failed to do so without any just cause, the Authorities were bound to hand over the amount of foreign currency to the petitioner or pay its equivalent in local currency as per prevalent exchange rate on the date when the amount was actually tendered to the petitioner---Officials concerned, in the present case, had proceeded with negligence and in dereliction of their duty, thus High Court directed the Authorities to initiate departmental inquiry and fix individual responsibility who would be proceeded against under the Efficiency and Discipline Rules---High Court further directed the Authorities to recover the loss suffered by the department from the officials concerned---Sale of the foreign currency seized from the petitioner being without lawful Authority, Constitutional petition was allowed accordingly. JUDGMENT A case was registered against the petitioner under section 156(1) (8) of the Customs Act, 1969 at Police Station F.I.A. Airport, Lahore vide F.I.R. No.20, dated 29-6-1985. The charge was attempted to smuggle US $1,27,000 from Pakistan to Dubai. The petitioner was sent up…

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