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Constitutional Petition No.D-1198 of 1986, decided on 27th January, 1987.
---S.168--Constitution of Pakistan (1973), Art.199--Case property, recovery of--Petitioners seeking recovery of seized Pak Currency and Prize Bonds on the grounds that property belonged to them and not to the person from whom it was seized and because property was not covered by S.168 of Customs Act--Challan pending in Trial Court and property in dispute being treated as case property--Petitioners' application for recovery of such property also pending before Collector of Customs for adjudication--Determination of question whether case property belonged to petitioners or to the person from whom it was seized being dependent on factual inquiry, High Court, held, would not interfere in constitutional jurisdiction--Petitioners could approach Trial Court for remedy.
Syed Sami Ahmed for Petitioners.
Qadir Saeed, Standing Counsel for Respondents.
.--Petitioner No.1 Abdus Samad is father and petitioner No.2 Razia Arif is wife of Wahid Ali Arif, who is accused in a criminal case and 4ija house was raided on 18-1-1984 and a number of articles were seized including Pak currency of Rs.2,00,000 and prize bonds worth Rs.36,500. First Information Report was filed and interim challan has been presented in the Court of Special Judge Customs at Karachi, where case is pending. Grievance of the two petitioners mentioned above is that items of Pak Currency and prize bonds have been illegally seized as they could not come under Sec.168 of the Customs Act for the reason that these two items do not belong to Wahid Ali Arif but to the petitioners. Respondents have filed comments in the Constitution Petition which are on the record. It appears from the record that a criminal case is pending in the Court of Special Judge and these two items mentioned above are seized items as such are case property. It is open to the petitioners to make an application in the trial Court under Sec.561-A Cr.P.C. and agitate there that the items mentioned above belong to them and do not belong to Wahid Ali Arif and could not have been seized by the Customs. The trial Court is quite competent to dispose of that application according to law. In any case to determine this question whether the two items belong to Wahid Ali Arif or to the petitioners would require factual enquiry which could not be undertaken in writ jurisdiction. It is stated by Mr.Sami that an application is pending before the Collector of Customs on the adjudication side which had been filed by the petitioners for recovery of the two items mentioned above. The grievance made on behalf of the petitioners is that application is pending for the last 2 years and is not being A disposed of. We expect that Collector of Customs will dispose of this application according to law. No interference is called for in the writ jurisdiction since remedy is open to the petitioners in the trial Court.
Petition is dismissed in limine.
S . G . D . / A-90/ K Writ petition dismissed.
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