Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)--Ss.156(1)(8) & 217---Constitution of Pakistan (1973), Art. 185(3)---Relief granted to the respondent by the High Court was not challenged, but only the observations made in the impugned against the concerned officers of the Customs Department were assailed on the ground of having been protected under S.217 of the Customs Act, 1969---Merits of the case were not consequently adverted to---Supreme Court, however, turned down the observations made in the impugned and Competent Authority was directed to look into the matter and take appropriate action against the concerned Officers, if deemed necessary---Leave to appeal was declined to the petitioner with the said observations. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal is directed against the judgment dated 13-11-2001 passed by a learned Judge in Chambers of the Lahore High Court in Writ Petition No.5323 of 2001. 2. The writ petition was filed by the respondent Tariq Iqbal. It had arisen in the circumstances that a case under section 156(1) (8) of theCustoms Act, 1969 was registered against the respondent at Police Station FIA Airport, Lahore, vide F.I.R. No.20 dated 29-6-1985, on the charge of making an attempt to smuggle US dollars 1,27,000 from Pakistan to Dubai. The currency was confiscated by a departmental order dated 5-6-1986. The respondent was tried by the learned Special Judge Customs but was acquitted on 20-2-1991. The appeal filed by him against the order of confiscation of the currency was dismissed by a Member (Judicial), C.B.R. However, the appeal filed by him before the Customs. Excise and Sales Tax Appellate Tribunal, Lahore was allowed on 18-10-1999 with the observation that the confiscated foreign currency stood automatically restored to the appellant. The department preferred an appeal against the order of the Appellate Tribunal but it was dismissed on 11-9-2000 by a learned Division Bench of the Lahore High Court and the petition for leave to appeal was dismissed by this Court on 1-1-2001. The respondent approached the department for release of the confiscated foreign currency but without any success. Feeling frustrated he filed Criminal…

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