Law: Customs Act, 1969

Section: 156

(a) Customs Act (IV of 1969)---Ss. 156(1)(89), 157 read with Ss.7 & 195---West Pakistan Rangers Ordinance (XIV of 1959), S.6(d)---S.R.O. No.29(1)/73, dated 21-1-1973---Seizure of gold---Raid by Rangers in heart of city-­Validity---Raiding party headed by Commandant, Anti-Smuggling Rangers alongwith Customs Inspector and Police Officer conducted raid within municipal limits of a city---Seizure of gold by Rangers in the heart of city way against law as such raid was beyond normal powers as entrusted to Rangers under West Pakistan Rangers Ordinance, 1959 and S.R.O. No.29(1)/73, dated 21-1-1973 issued by Central Board of Revenue---Any illegal act including smuggling certainly needed to be properly checked and forestalled, but only by an Authority which was so empowered---If such exercise by Rangers was condoned by mere mention in F.I.R. name of a Customs Officer/Inspector and a Police Officer, then there would be no way to check their intrusion into cities---Conducting of raid by Rangers and putting up a Naka in the heart of the city was not supported by any provision of law or even by exigency of the situation---High Court accepted appeal and declared all 'the proceedings to be without lawful authority. Bank of Bahawalpur v. Siddiq Textiles Ltd. PLD 1969 Kar. 599; Dalilur Rahman Chaudhry v. Crown 1969 SCMR 602; S.M. Yousaf v Collector Customs 1972 SCMR 87; Muhammad Zubair v. Pak Government PLD 1986 Pesh. 186 and Sher Bahadur v. Chairman, Industrial Relations PLD 1975 Kar. 483 ref. (b) Customs Act (IV of 1969)--- ----Ss. 156(1)(89), 157 & 195---West Pakistan Rangers Ordinance (XIV of 1959), S.6(d)---Attempt to smuggle---Seizure of gold by Rangers in heart of city---Allegations in F.I.R. and show-cause notice was that gold seized from custody of appellant in centre of city was to be supplied by him to some one else in a village situated near border area ---Validity--­Such information of attempt to smuggle gold to India, if believed to be correct, would not empower Rangers to seek the intended smuggler right in his house---Rangers were obliged to wait till accused as carrier or alleged receiver of village had actually entered their area of jurisdiction i.e.…

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