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MEHRABAN versus PAKISTAN


The search and seizure read with sections 156 (8) (89) sections 168 and 171, justify the truck carrying smuggled siplets on the super highway by Coast Guard officers and sections 168 and 171, the Customs Act Serve regularly before approval of the notice under. The confiscation is that the Special Judge (Customs) has recorded the verdict against the truck driver and cleaner of the truck, the customs officer could not pass any order to seize any confiscated suplate, without the custody of any customs officer. Maintained the order, under the circumstances

1984 P Cr. L J 3005

[Karachi]

Before Muhammad Zahoorul Haq and Ali Nawaz Budhani, JJ

Hail ME HRBAN -Petitioner

Versus

PAKISTAN AND 3 OTHERS-Respondents

Constitutional Petition No. 150 of 1976, heard on 29th November 1983.

(a) Customs Act (IV of 1969)

----S. 156 (8) (89) - Confiscation, validity of - Special Judge (Customs) acquitting driver and cleaner of truck, carrying betelnuts by giving benefit of doubt-Judgment of Special Judge (Customs), held, not binding on Customs Officer, so far confiscation of property is concerned.

(b) Pakistan Coast Guards Act (XVIII of 1973)-

-- S. 14-"Port" and "coastal area", extent of-Super Highway, held, not a part of Karachi Port but a "Coastal area" where Coast Guards could operate.

P L D 1978 Kar.1110 ref.

(c) Customs Act (IV of 1969)-

-- S. 156 (8) (89) read with Ss. 168 & 171 - Search and seizure--- Confiscation, validity of-Truck carrying smuggled betelnuts seized on Super Highway by Coast Guards Officers and notices under Ss. 168 & 171, Customs Act, duly served before passing order of confiscation - Contention that Special Judge (Customs) having recorded order of acquittal against accused driver and cleaner of truck, Customs Officer could not pass any order confiscating seized betelnuts - Contention, held, without force-Confiscation order of Customs Officer maintained, in circumstances.

Muzaffar Hussain for Petitioner.

Abdul Khair for Respondents Nos. 1 to 3.

Habibur Rehman for Respondent No. 4.

Date of hearing: 29th November, 1983.

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