Law: Customs Act, 1969

Section: 126

Customs Act (IV of 1969)--Ss. 126, 142, 171 & 168(1)---Afghan Transit Trade Agreement, 1965---Constitution of Pakistan (1973), Art.199---Constitutional petition---Baggage of passenger in transit to Afghanistan---Detention of baggage at first instance, and then its seizure liable to confiscation---Validity---Detention report being earlier in time and an immediate response to declaration coupled with report of authority would have precedence over seizure report prepared subsequently---Reasons recorded in both such reports were contradictory and had different impact---Goods detained would be liable to be returned under S.142 of Customs Act, 1969, while goods confiscated and seized would be liable to be sold under S.201 thereof---Contradictory reports would create doubts regarding conduct of proceedings in a transparent manner---Detention of baggage itself proved that three essential conditions of S.142 of Customs Act, 1969 were met, thus, petitioner, would be entitled to return of baggage on his leaving Pakistan---Transshipment of baggage would be covered under Afghan Transit Trade Agreement, 1965---High Court accepted constitutional petition declaring petitioner (Afghan National) to be entitled to return of baggage at Torkham Border on his leaving Pakistan. ORDER SYED HAMID ALI SHAH, J.---The petitioner, an Afghan national, while returning to his native country (Afghanistan) opted the route through Pakistan, landed on 21-7-2005 at Lahore Airport through PIA Flight No.PK 271. He was carrying in his baggage' four bags of "Saris" and six bags of spangles (Sitara). The petitioner statedly made, on his arrival, declaration of baggage which was detained through detention memo. dated 21-7-2005. Staff of respondent No. 1 subsequently prepared a seizure report on the basis. of recovery memo., which according. to the petitioner was result of procuring his signature on blank printed form through misrepresentation. The petitioner through the instant writ petition has voiced his grievance against the seizure of his goods which consequent upon seizure, are liable to be confiscated under section 168(1) of the Customs Act, 1969. 2. Learned counsel for the petitioner has…

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