Law: Customs Act, 1969

Section: 156,156(1)9,14,77,81,82,178,185-F,185-G

[Customs Act (IV of 1969)].......Ss 156(1)9, 14, 77, 81, 82, 178, 185-F & 185-G---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal--­Competency---Competency of appeal was objected to on the ground that it was incompetently filed by counsel as he was not authorized by Federal Government to file the appeal---Accused had contended that under S.185-G of Customs Act, 1969 Law Officer appointed under Central Law Officers Ordinance, 1970 was the only competent person to file appeal and to conduct proceedings before a Special Appellate Court on behalf of Federal Government ---Validity--­Appeal in fact was filed by Deputy Director and under S.185-F of Customs Act, 1969 any person, including Federal Government could, subject to provisions of Chaps. XXX & XXXI of Cr.P.C., prefer an appeal within 60 days from date of order or decision of Special Appellate Court---Person aggrieved by order of acquittal passed by any Court other than a High Court could, within 30 days, file appeal against acquittal order under S.417, Cr.P.C. and appeal filed under 5.185-F of Customs Act, 1969 was to be read with S.417(2-A), Cr. P. C. ---Not necessary that appeal could only 'be filed by Federal or Provincial Government, but it could also be filed by am aggrieved person---Director Intelligence and Investigation (Customs and Excise) in the present case, being aggrieved person, as he had got registered the case against accused, was competent to file appeal against acquittal---Name of accused was mentioned in F.I.R. alongwith his role which was supported by oral as well as documentary evidence---Order of acquittal passed by Trial Court being illegal and unlawful was set aside by accepting appeal against acquittal. 1986 PCr.LJ 136 and PLD 1999 Lah. 109 ref. (b) Interpretation of statutes--- ---- Rules framed by Executive Authorities, could not prevail over the basic law. (e) Administration of justice--- ----Court was bound to decide case on merits by perusal of record and orders could not be passed on concessional- statements made by Public Prosecutor. ORDER This criminal appeal has been directed by the Federal Government through Director Intelligence and Investigation…

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