Law: Customs Act, 1969

Section: 161

Law: Civil Procedure Code (V of 1908)

Section: 164,561A

Law: Central Excise Act, (I of 1944)

Section: 9A

[Customs Act (IV of 1969)].......S 161(15)---Central Excises Act (I of 1944), S.9-A---Criminal Procedure Code (V of 1898), Ss. 164 & 561-A---Recording of statement under S.164, Cr.P.C.---Petition for quashing of order---Complaint in the present case, in shape of report under S.173, Cr.P.C., had already been submitted by the Investigating Officer after inquiry and accused were summoned to face the trial---Provisions of S.161(15) of Customs Act, 1969 had provided for recording of statement under S.164, Cr.P.C. only during inquiry proceedings whereas S.164, Cr.P.C. itself stipulated that a Magistrate could record the statement or confession made to him in course of an investigation---Statement under S.164, Cr.P.C. could only be recorded by a Magistrate First Class during inquiry or investigation and not after submission of complaint in the shape of report under S.173, Cr.P.C. leading to summoning of accused and commencement of their trial. ORDER The facts giving rise to this petition are that the petitioner, had filed a complaint under section 9-A of the Central Excises Act 1944 against Wasim-ur-Rehman and 22 others before the Court of Special Judge Customs and Taxation Lahore and after recording of the preliminary evidence the accused stand summoned. In the meanwhile one Abbas Ali Khan son of Kishwar Ali Khan had revealed some incriminating facts to the petitioner which were reduced in writing as a statement and apprehending that the accused might not subsequently influence the said P. W. to resile from his evidence in the Court, an application was moved on 10-11-2003 before Special Judge Customs, Lahore with the prayer that Illaqa Magistrate be directed to record his statement under section 164, Cr.P.C. and the said Court had ordered accordingly. When the Investigating Officer produced the witness before the Illaqa Magistrate for recording of his statement under section 164, Cr.P.C. the latter instead of recording the statement directed the Investigating Officer to appear before the learned Sessions Judge-Lahore for seeking his permission who vide impugned order, dated 15-11-2003 disposed of the application of the Investigating Officer as under:-- "The…

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